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(영문) 수원지방법원 2018.01.17 2017고단7470
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] On May 25, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law at the Suwon Flag Flag, and on April 15, 2015, a summary order of KRW 5 million for a fine of KRW 5 million for the same crime, etc.

[Criminal facts] On November 8, 2017, the Defendant driven B-low-car under the influence of alcohol with approximately 0.155% alcohol concentration at approximately 200 meters from the vicinity of Suwon-si Suwon-si, Suwon-si, to the front day of viewing to the foregoing viewing road.

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 Act on the Suspension of Execution (the favorable circumstances among the reasons for sentencing) - The defendant has the record of having been punished several times for the same crime. - The favorable circumstances are high alcohol concentration in the blood of the defendant - The defendant recognizes all the criminal facts. - The defendant has no record of being punished to exceed the fine for the same crime. The sentencing is ordered as per the disposition, taking into account all the conditions of the sentencing revealed in the trial process.

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