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(영문) 수원지방법원 2017.11.15 2017고단6101
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

On November 21, 201, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act in support of the Sungnam-gu Office of Friwon on November 21, 201, and received a summary order of a fine of five million won on December 31, 2015, and received a summary order of a fine of five million won or more for a violation of the Road Traffic Act in support of the Sungnam-gu Office of Friwon.

On August 4, 2017, around 20:50, the Defendant driven a B-hurn-pured vehicle with approximately 100 meters alcohol concentration of 0.069% under the influence of alcohol on the part of the passenger, a shower, in front of a restaurant in the vicinity of the Haduk Bathing beach, which is located in the So-gu, Seocheon-gu, Seocheon-gu, Seocheon-do.

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant has been punished several times for the same offense, and that the Defendant has been punished for driving under drinking in three times from 2015 to three times, and commits an intensive crime in a short period. The favorable circumstances of the Defendant recognized all criminal facts. - Taking into account the fact that the Defendant’s blood alcohol concentration was not high and the Defendant’s driving distance had no record of being sentenced to a fine until now. - The Defendant has no record of being sentenced to a fine exceeding the previous time. In light of all the sentencing conditions revealed in the trial process, the sentence is ordered as ordered.

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