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(영문) 수원지방법원 2017.09.06 2017고단3659
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 5, 2008, the Defendant was sentenced to a fine of KRW 700,000 for a crime of violating the Road Traffic Act (drinking) in support of the Sungnam branch of Suwon branch, and two million won for the same crime in the same court on December 4, 2008, respectively.

[Criminal facts] On May 10, 2017, the Defendant driven B Aco-car under the influence of alcohol content of about 0.132% at a 8km section from the French-si 23:40 to the 1836 east 1836 east 1836, as in the same Gu’s white house.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions, on-site photographs of accidents, and a report on the detection of the main driver;

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. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act - The occurrence of an accident resulting from drinking and driving of alcohol - the occurrence of an accident resulting from the occurrence of a vehicle of the defendant beyond the center line due to the instant accident is not likely to cause a large traffic accident. - The defendant’s blood alcohol concentration is high - the favorable circumstances - the defendant recognizes all the criminal facts that have been sentenced to a fine so far. - The defendant has no past record of being sentenced to a fine until now. - The defendant is more than nine years after the final punishment for the same kind of crime. In consideration of the fact that the nine years have elapsed since the final punishment for the same crime was conducted in consideration of all the sentencing conditions revealed in the trial process.

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