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(영문) 수원지방법원 2017.05.16 2017고단1242
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 17, 2008, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act by the Suwon District Court on December 21, 2010, the Defendant was sentenced to a suspended sentence of two years on August 22, 201 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving), a violation of the Road Traffic Act (Drinking), a violation of the Road Traffic Act (Drinking) and a violation of the Road Traffic Act (Drinking) by the Suwon District Court on November 22, 2012, and was sentenced to a suspended sentence of six months.

On February 12, 2017, the Defendant driven B A-D car at the front left of the Korea Credit Guarantee Fund located in the parking lot of the National Bank near Suwon-si, Suwon-si, which is under the influence of alcohol at a 0.066% of alcohol concentration among blood transfusion around 07:05.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A survey report on actual conditions;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.

[ favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime; the Defendant’s blood alcohol concentration was relatively high; and the Defendant was relatively sincere and faithful life without being subject to any particular criminal punishment since 2012.

The defendant, the defendant's.

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