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(영문) 수원지방법원 2017.12.06 2017고단6732
도로교통법위반(음주운전)등
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 June 13, 2017, the Defendant was issued a summary order of a fine of two million won due to a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on July 24, 2017, the Defendant was punished for driving under drinking on two or more occasions, such as receiving a summary order of a fine of 4.5 million won due to a violation of the Road Traffic Act (drinking driving) in the support of Friwon Friwon Friwon method.

On October 15, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle on October 22 and 15, 2017, driven a B-on vehicle under the influence of alcohol with approximately 0.071% of alcohol concentration in blood from the 4km section of approximately 4km from the front of the mack-dong, Young-dong, Young-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 of the reasons for sentencing) - The defendant is already punished by a fine of two times for the same kind of crime in 2017, which is disadvantageous to the reason for sentencing. 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. - The defendant has no record of having been sentenced to a higher alcohol concentration in his blood. Considering the fact that there was no higher alcohol concentration in his blood, the sentence is ordered as the disposition, taking into account all the conditions of sentencing

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