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(영문) 수원지방법원 2017.12.20 2017고단6695
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] The Defendant is a person who has been sentenced to a fine of KRW 3 million on November 7, 2014 to a fine of KRW 2 million or more for a violation of road traffic laws in the original branch of the Chuncheon District Court on November 7, 2014, and on November 3, 2016, to a fine of KRW 2 million or more for the same crime from the Sungnam branch of the Suwon District Court.

[2] On September 26, 2017, around 04:04, the Defendant driven a B-line car under the influence of alcohol content of about 20km from the section of about 0.106% of alcohol content to the front road of the second apartment house of this 20km-gu, Gyeonggi-gu, Seoul Metropolitan Government, from the roads near the Gangnam-gu, Seoul Metropolitan Government (Seoul), to the roads near the Jinnam-dong (Seoul Metropolitan Government).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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 suspended sentence under the Criminal Act - the circumstances unfavorable to the reason for sentencing (a favorable consideration of the reason for sentencing) - The defendant has the history of having been punished several times for the same crime, and the timing of committing the crime is concentrated. - The defendant, under the influence of drinking while driving, was highly likely to cause traffic accidents that thrown away out in the atmosphere due to the influence of drinking. - The defendant’s blood alcohol concentration is higher. - The favorable circumstances - the defendant recognized all criminal facts. - The defendant has no history of having been sentenced to a fine exceeding the limit until now. The sentence should be imposed as ordered in consideration of all the conditions of sentencing

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