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(영문) 수원지방법원 2018.01.31 2017고단7614
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who, on January 16, 2014, received a summary order of a fine of two million won or more for a crime of violating road traffic law at the Suwon Flag method Board, and on October 29, 2014, sentenced to a suspended sentence of six months or more for the same crime in the same court, and was punished for driving alcohol twice or more.

[Criminal facts] On November 11, 2017, the Defendant driven a CM3 car at the Suwon-si public parking lot located in Suwon-gu, Suwon-dong, Suwon-dong, to the front day of viewing water sources located in the same area, under the influence of alcohol content of 0.152% in blood around 00:20 on November 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal, or a report on detection of a primary driver (blood collection);

1. Application of an inquiry letter, text of judgment, and copy of summary order, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - around October 2014, even if a person was sentenced to imprisonment with prison labor for the same type of crime, he/she committed the second offense. The favorable circumstances - the Defendant recognized all the criminal facts and reflects the same. - The period of probation of the previous crime is to be sentenced to imprisonment with prison labor once again on the condition that the period of probation of the former crime and the community service order are concurrently imposed, taking into account the surrounding circumstances.

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