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(영문) 수원지방법원 2017.05.30 2017고단918
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

Criminal facts

[criminal history] On October 25, 2006, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million due to a violation of road traffic law at the Suwon District Court on the grounds of a violation of road traffic law (dacting driving), and on January 21, 201, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million due to a violation of road traffic law (dacting driving), respectively.

[2] On January 21, 2017, Defendant 1, who had been punished two or more times due to drinking driving, driven B rocketing car at the section of about 1 km from the front of a cafeteria in the mutual influence 0.168% under the influence of alcohol among the blood transfusion around 01:40 on January 21, 2017 to the front of the 2-lane in the local administrative department of the flusium in the flusium of the flusium to the flusium of the flusium in the flusium of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a summary order related to the driving force of a suspect's drinking), by statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is deeply divided into and reflected in the crime of this case.

There shall be no history of criminal punishment other than three times of fines.

Circumstances unfavorable to the defendant are as follows:

At the time of committing the instant crime, the Defendant’s main working level is not easy.

There is a record of being fined twice due to drinking driving as stated in the criminal records in the judgment of the defendant.

In addition to the above circumstances, taking into account the Defendant’s age, sex, career, environment, circumstances after the commission of the crime and the circumstances after the commission of the crime, and all of the sentencing conditions as indicated in the present case’s records and arguments.

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