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(영문) 수원지방법원 2017.11.01 2017고단5255
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 Records of Crimes】 The Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking on July 7, 2008, and a summary order of KRW 4 million for the same crime from the Suwon Frigwon on October 8, 2014, respectively.

【Criminal fact-finding on August 5, 2017, the Defendant driven a Kan-Pon car quantity of approximately 500 meters, which is owned by the Defendant, from the day on which the Suwon-si hand-over road was 0.114% under the influence of alcohol during blood transfusion at around 02:03 to the day before the viewing road located in the same Dong.

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 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 criminal facts. - The defendant’s record of punishment for the same crime is not timely close. - The defendant has no record of having been sentenced to a fine exceeding the fine until now. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process in each of the above circumstances.

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