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(영문) 수원지방법원 2017.09.13 2017고단2231
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

【The Defendant was issued a summary order of KRW 1 million on January 24, 2014 to a fine of KRW 3.5 million at the same court on May 20, 2014. The Defendant was issued a summary order of KRW 3.5 million for the same crime at the same court.

【Defendant Inasmuch as the above person was punished twice or more due to driving of alcohol, Defendant 1 driven a car with B low alcohol leveling 0.094% in the section of approximately 300 meters from the day front of the trade name in the hand-on line of Suwon-si on April 12, 2017 to the day front of the water source in the same Dong from the day on which the water source transferred in Suwon-si at around 23:20 on April 12, 2017 to the day before the water source viewing in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, 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 favorable circumstances - The defendant recognizes all the criminal facts. - Taking into account the fact that the defendant’s blood alcohol concentration is not high. - Taking into account the fact that the defendant was not subject to punishment exceeding the fine until now due to the same kind of crime, taking into account all the conditions of sentencing revealed in the trial process, the sentence is ordered as above.

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