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(영문) 수원지방법원 2017.10.25 2017고단5487
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 was sentenced to a fine of five million won on November 30, 201 to a fine of five million won on the grounds of a violation of road traffic law at the Suwon Flag Flag on the ground of a violation of the Road Traffic Act, and a fine of five million won on June 5, 2014 to a fine of five million won on the same crime in the support for development of Flag Flag method

[2] On August 9, 2017, the Defendant, while under the influence of alcohol content of 0.104% during blood transfusion around 05:44, driven B rocketing car at the section of about 15 km up to the road front of the gas station located in Ansan-si grassland in Ansan-si, Annsan-si (hereinafter “U.S.”), at the front of the gas station located in Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;

1. Application of an inquiry letter, 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 to the reason for sentencing) - The defendant has the history of having been punished for the same crime several times. - The possibility of additional traffic accidents thrown away while stopping on the road due to the influence of drinking was high. The favorable circumstances - the defendant recognized all the criminal facts. - The defendant has no record of having been sentenced to a fine until now. - The defendant takes into account the alcohol concentration in the blood transfusion of the defendant. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process.

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