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(영문) 수원지방법원 2017.09.20 2017고단4377
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 5, 2008, the Defendant received a summary order of a fine of one million won or more due to a violation of road traffic law from the Suwon Flag Flag, and a summary order of a fine of one million won or more due to the same crime in the same court on September 25, 2013.

[2] On June 9, 2017, the Defendant driven a CM5 vehicle owned by B in a section of approximately 300 meters from the back side of the viewing channel in Suwon-si, Suwon-si to the front day of Dongwon-si, under the influence of alcohol content of 0.171% during blood transfusion at around 00:36.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, a alcohol appraisal report, and a report on the detection of the driver involved in the blood;

1. Previous convictions: A reply to inquiry, such as criminal history, and application of the same electric power judgment statutes;

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 crime. The defendant’s blood alcohol content is close to the highest part of the punishment. The favorable circumstances - the defendant recognizes all criminal facts. - The defendant does not appear to have the evidence of criminal habit because the time of the same crime is at intervals of 4-5 years. The defendant has no record of having been sentenced to a fine so far. The sentencing is ordered as ordered in consideration of all the conditions of sentencing revealed in the trial process in each of the above circumstances.

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