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(영문) 수원지방법원 2017.11.01 2017고단5759
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On December 14, 2007, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act (drinking driving), etc. on the water source method sources. On July 20, 201, the Defendant issued a summary order of two million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on July 20, 201. On February 13, 2013, the Defendant was issued a summary order of six million won for the same crime by the same court.

[2] On August 23, 2017, the Defendant, while under the influence of alcohol at 01:34% of alcohol during blood, driven a water Category C rocketing car up to two kilometers in front of the road in front of the water source viewing road located in the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, under the influence of alcohol at 0.097%.

Accordingly, the defendant, who was punished for driving under drinking not less than twice, once again driven under drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances among the reasons for sentencing) - The defendant has the record of having been punished several times for the same kind of crime. - The most favorable circumstances are high alcohol concentration among the blood of the defendant - the defendant recognized all the criminal facts. - The last time when the defendant was punished for the same kind of crime was not concentrated on committing a crime for 2013. The sentence is ordered in consideration of all the conditions of sentencing revealed in the course of the public trial in each of the above circumstances.

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