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(영문) 수원지방법원 2017.11.01 2017고단5724
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 March 14, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and was sentenced to a fine of KRW 5 million by the same court on August 11, 2010.

[Criminal facts] On August 17, 2017, the Defendant driven Bchier car under the influence of alcohol with approximately 0.128% alcohol concentration from a section of approximately 200 meters from the 200 meters away from the Suwon-si transfer parking lot to the front day of Dongwon-si, Suwon-si. The Defendant driven Bchier car under the influence of alcohol with approximately 0.128%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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 among the reasons for sentencing) - The defendant has the record of having been punished several times for the same crime. - The favorable circumstances are high alcohol concentration in the blood of the defendant - the defendant recognized all the criminal facts. - The defendant has no record of having been sentenced to a fine exceeding the fine so far. - The defendant was punished for the same crime in 2008 and 2010 and was punished for the same crime at intervals of time with the crime in this context. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process in the above circumstances.

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