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(영문) 수원지방법원 2017.10.18 2017고단5233
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 17, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), etc. on the support for the development of a water source method, and on June 24, 2015, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) on the support for the development of a water source method.

[Criminal facts] On July 23, 2017, the Defendant driven a Bbenz car under the influence of alcohol content of about 0.144% at a distance of about 2 km from the corner of the corner running on the road located in the Sinwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si to the 95-ro, Changwon-si, Suwon-si, Suwon-si.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of an inquiry letter, summary decision-making statute, 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. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The defendant has a record of having been punished several times for the same crime. - The defendant’s blood alcohol concentration is high. The favorable circumstances - the defendant recognizes all the criminal facts. The defendant has no record of being sentenced to a fine beyond the fine until now. - The defendant has sold a motor vehicle used for driving alcohol. The defendant has sold the motor vehicle used for driving alcohol in consideration of all the kinds of sentencing conditions revealed in the trial process. The sentence as ordered

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