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(영문) 수원지방법원 2017.11.15 2017고단5900
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 August 25, 2006, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Suwon Friju District Court on August 25, 2006, and a summary order of KRW 6 million for the same crime at the Gwangju District Court on November 3, 2015.

[Criminal facts] On September 5, 2017, the Defendant driven B Poter II cargo while under the influence of alcohol with approximately 0.082% alcohol concentration from the 3km section from the front of the cafeteria in order to the road in front of the same city-nam Eup/Myeon in order to ensure that the Defendant driven B Poter II cargo in the influence of alcohol at around 0.082% from the 3km section in front of the cafeteria in order to ensure the same city-nam Eup/Myeon.

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, such as criminal history, and a copy of a summary order;

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. Suspension of execution under Article 62(1) of the Criminal Act - The circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act - All favorable circumstances - the defendants have the record of having been subject to punishment several times for the same kind of crime. The defendants recognize all the favorable circumstances - The defendants have no record of having been sentenced to punishment exceeding a fine until now. - The defendants have been punished for the same crime on two occasions in the same kind of crime, and the period of punishment has not been concentrated at a time. The above circumstances include all the conditions of sentencing revealed in the trial process, as ordered by the order.

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