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(영문) 수원지방법원 2018.01.17 2017고단7402
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 February 13, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a violation of road traffic law at the Suwon District Court's House on February 13, 2007, and a fine of KRW 2 million for a violation of road traffic law at the Sungnam support center on October 20, 2008.

[Criminal facts] On October 08, 2017, at around 00:14, the Defendant driven BM5 car while under the influence of alcohol concentration of approximately 200 meters at approximately 0.174% in blood at the front of the street of the same culture center on the roads adjacent to the Suwon-si Transferdong, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, and a report on the detection of the driver involved;

1. Application of an inquiry letter, such as criminal history, and a copy of the judgment;

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 most favorable circumstances - the defendant has high alcohol concentration in his blood relative - the defendant recognizes all criminal facts. The defendant has no record of being sentenced to a fine so far. The defendant has no record of being sentenced to a fine until now. The sentence should be imposed as ordered in consideration of all the conditions of sentencing revealed in the trial process.

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