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(영문) 수원지방법원 2017.11.15 2017고단6173
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 October 12, 201, the Defendant issued an electronic summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and issued an electronic summary order of KRW 4 million for the same crime at the same court on June 14, 2013.

[2] On September 20, 2017, the Defendant driven a motor vehicle owned by the Defendant in the state of alcohol with approximately 0.159% alcohol concentration in blood from around 40 meters from the front of a place in which Suwon-si, Suwon-si, Suwon-si (hereinafter referred to as the “Um-si”) was transferred to the front of Dongwon-si, to the day of Dongwon-si’s viewing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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 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 most favorable circumstances are that the defendant’s blood alcohol concentration is high. - The defendant has no record of being sentenced to a fine until now. - The defendant is punished for a fine of 201 and 2013 for the same crime. - The defendant is not subject to the punishment of a fine of 2011 and 2013, and is not concentrated at the time of the crime. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process in the above circumstances.

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