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(영문) 수원지방법원 2017.09.05 2017고단2140
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 becomes final and conclusive.

Reasons

Criminal facts

[criminal history] The Defendant is a person who was sentenced to a fine of KRW 1 million for a crime of violating road traffic law in the support of the Youngju District Court on December 6, 2012, and a person who was sentenced to a fine of KRW 3 million for the same crime in the support of the Daegu District Court on May 30, 2013.

[2] Although the Defendant had been punished on two or more occasions due to driving of alcohol at around 06:20 on February 8, 2017, the Defendant driven Dworke car under the influence of alcohol content of about 0.120% at a section of about 250km from the front Do of the Gyeong-si Residential City to the road of about 114 meters away from the Do of the Gyeong-si Residential City of the Gyeong-si, the Defendant driven a Dworke car under the influence of alcohol content of about 0.120 meters.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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 stay of execution (All circumstances, such as the degree of the drinking of the accused at the time of committing the crime in this case, the records of the punishment of the accused's drinking, health conditions

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