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(영문) 수원지방법원 2017.08.09 2017고단2609
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 June 25, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violation of road traffic law at the Suwon Flag method Board, and on April 10, 2015, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court on the same date, respectively, and the same criminal history is three times.

[2] On April 14, 2017, the Defendant driven a b golf car under the influence of alcohol with approximately 0.177% alcohol concentration from around 3km section from around 04:16 to the road in the same Dong from the central commercial road in the Jinan-dong, Jin-dong, which was located in the Jin-dong, to the road in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement and photographs showing the circumstances of the driver at the main place of business;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

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. The reason for sentencing under Article 62(1) of the Suspension of Execution Act (the favorable circumstances of the reasons for sentencing) - The defendant has the ability to punish identical crimes and has the ability to impose a fine exceeding the fine. - The defendant’s blood alcohol level is high. - The defendant’s blood alcohol level is high. - The most favorable circumstances are that the defendant recognized all criminal facts - there is no history of being sentenced to a fine exceeding the fine for the same kind of crime. There is no history of being sentenced to a punishment exceeding the fine. The sentence as ordered in consideration of all the conditions of sentencing revealed in the trial process in each of the above circumstances.

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