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(영문) 수원지방법원 2017.07.12 2017고단2016
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

【The Defendant was issued a summary order of KRW 3 million on June 7, 201, for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on March 7, 201, and on November 13, 2012, the Incheon District Court issued a summary order of KRW 7 million for the same crime.

【Defendant Inasmuch as the above person was punished twice or more due to drinking driving, Defendant 1 driven Dworka car while under the influence of alcohol with approximately 0.157% alcohol level in the section of approximately 4m of “C” cafeteria in front of the restaurant at Suwon-si, Suwon-si, Suwon-si on February 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition and a statement on 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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances of the reasons for sentencing) - The defendant has the record of having been punished several times for the same crime. - The amount of alcohol concentration in the blood of the defendant is high. - The traffic accident was caused by drinking driving. The favorable circumstances - the defendant recognizes all the criminal facts. The sentencing is ordered as per the disposition in consideration of all the conditions of sentencing revealed in the trial process.

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