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(영문) 수원지방법원 2017.08.23 2017고단3215
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On March 29, 2012, the Defendant was sentenced to a fine of three million won or more for a violation of road traffic law at the Suwon Flag Flag on March 29, 2012, and on February 12, 2014, the Defendant was sentenced to a fine of five million won or more for a violation of road traffic law at the Suwon Flag Flag on February 12, 2014, and was sentenced to a fine of five million won or more.

[Criminal facts] On April 9, 2017, the Defendant driven B cruise car under the influence of alcohol with approximately 0.209% alcohol level from the section of approximately 1km to the front road of the Central Hospital located in the sphere of 654 in the area where the CGV, which was located in the Suwon-si, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driver at the main place and the statement of alcohol alcohol during blood, etc.;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, 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 - The defendant has a record of having been punished several times for the same crime. - The defendant’s blood alcohol concentration is high. The favorable circumstances - the defendant recognizes all the criminal facts. The defendant has no record of having been sentenced to a fine exceeding the fine until now. In light of all the circumstances of sentencing revealed in the trial process, sentencing is ordered like the order.

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