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(영문) 수원지방법원 2018.01.10 2017고단7257
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 October 15, 2009, the Defendant was sentenced to a fine of five million won or more due to a violation of road traffic laws at the Jeonju District Court on July 27, 201, and was sentenced to a fine of four million won or more due to a violation of road traffic laws at the same court on July 27, 201.

[2] On November 02, 2017, the Defendant driven B-low-income cars under the influence of alcohol content of approximately 0.152% in the section of approximately 500 meters, from the front of the Dobong-gu shopping district located in Seocho-gu, Seoul Special Metropolitan City to the front of the 21st century Motor Vehicle Driving Authority, located in 108 the same Eup-dong-ro 108.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of a reply to inquiries, such as criminal history, text of judgment, and 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 (the favorable circumstances of the reasons for sentencing) - The defendant has the record of having been punished several times for the same offense. - The most favorable circumstances are high in alcohol content of the defendant’s blood relative - the defendant recognizes all criminal facts. The defendant has no record of having been sentenced to a fine so far. - The defendant’s driving record of drinking is not concentrated twice in 2009 and once once in 201. The sentence 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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