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(영문) 수원지방법원 안양지원 2018.07.11 2017고단1811
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

[criminal history] On September 22, 2006, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Suwon Friwon, and on April 18, 2014, the Defendant received a summary order of KRW 4,00,000 as a fine for the same crime from this court.

[2] On October 6, 2017, the Defendant driven BM5 vehicle over about 80 meters prior to the road in front of resource recovery facilities located in 328 as a citizen on the same day from the 22:23rd day of the same day, while under the influence of alcohol with 0.053% of alcohol during blood while he/she was under the influence of alcohol at a 0.053%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is due to - unfavorable circumstances: The fact that a person has been sentenced to a fine of the same kind, even though he/she had been sentenced to a fine twice as stated in the first head of the judgment, commits a second offense under a license without a license - The fact that the defendant is against his/her mistake and that the person has not been sentenced to a fine exceeding the fine exceeds the fine - Other circumstances

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