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(영문) 수원지방법원 2017.11.29 2017고단6534
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] The Defendant is a person who has been punished for driving alcohol on July 17, 2013 by receiving a summary order of a fine of two million won or more for a violation of road traffic law at the Suwon Flag Flag, and a summary order of a fine of five million won or more for the same crime at the same court on July 15, 2015.

[Criminal facts] On September 28, 2017, the Defendant driven B Coin truck up to 32-4, 482, a 32-4-way road in front of the Hyundai Dog-dong, Suwon-si, the area of alcohol content of which is 0.129% under the influence of alcohol during blood at around 02:45.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

1. Application of a reply to inquiry, 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 most favorable circumstances are high alcohol concentration in the blood of the defendant - the defendant recognizes all the criminal facts. - The defendant is not subject to the punishment of a fine exceeding the amount of a fine for the same crime. The sentencing is ordered as ordered in consideration of all the conditions of sentencing revealed in the trial process.

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