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(영문) 수원지방법원 2018.01.24 2017고단7043
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

[Power of crime] The Defendant received a summary order of KRW 1,50,000 from the Suwon Friwon on July 18, 2008 to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and the summary order of KRW 1,50,000 as a fine in the same court on June 28, 2017 to the same crime.

[Criminal facts] On October 7, 2017, the Defendant driven a vehicle with approximately KRW 2 km (7 km) from the front of the mountain road located in the top of the Dobong-Eup at the time of harmony to the front of the 707 km road at the same time, while under the influence of alcohol content at 0.064% during blood around 11:0 on October 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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) - Defendant committed a second offense even though he/she was punished by a fine for the same kind of crime on June 2017, 2017, which is disadvantageous to the reason for sentencing under Article 62(1) of the Criminal Act - Defendant committed a second offense. favorable circumstances - Defendant recognized all the criminal facts - Defendant’s blood alcohol content is low - Defendant has no record of having been sentenced to a fine exceeding a fine until now due to the same type of crime. The sentence is ordered as ordered by taking into account

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