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(영문) 수원지방법원 2017.08.23 2017고단3112
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

On November 7, 2011, the Defendant received a summary order of a fine of two million won for a crime of driving under the Road Traffic Act from the Seoul Southern District Court, and on December 15, 2014, the Defendant received a summary order of a fine of 1.5 million won for the same crime from the Jung-gu District Court.

On May 13, 2017, the Defendant driven at approximately 7 km a B-low vehicle from the land in the state of alcohol 0.117% under the influence of alcohol during blood transfusion to the front road in front of the community service center in the same Gu, from the land in the state of 0.17% under the influence of alcohol during the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 been subject to punishment several times for the same crime. favorable circumstances - the defendant recognizes all the criminal facts. The defendant has no record of being sentenced to a fine exceeding the previous year. - The time of the crime of the same kind of crime is not concentrated at the time. The sentencing is ordered in consideration of all the sentencing conditions revealed in the trial process in each of the above circumstances.

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