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(영문) 수원지방법원 2018.02.07 2017고단7801
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 4 million on February 1, 2012, on the grounds of a violation of the Road Traffic Act (drinking driving), etc. at the Suwon Flag Flag, and on August 27, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime from the Sungnam Flag Support on August 27, 2013.

【Defendant Inasmuch as the above-mentioned crime committed a violation of Road Traffic Act (driving) was punished twice or more, Defendant 1 driven a B food car under the influence of alcohol content of about 20 meters from the front of the restaurant “Aropon coke” in the 19:40 on October 25, 2017 to the road front of the radyCC street in the same Ri, which is located in the same Ri, from the front of the 19:40 on October 25, 2017.

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 inquiry, 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 (the favorable circumstances of 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. - The defendant’s blood alcohol concentration in the defendant’s blood is set at the lower limit of the punishment section, and the amount of the principal crime committed by the defendant, such as the driving distance of the defendant. The defendant has no record of having been sentenced to a fine so far. - The defendant has no record of having been sentenced to a fine until now. The sentence is ordered in consideration of all the conditions

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