(영문) 수원지방법원 2017.08.09 2017고단2522

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Reasons

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(영문) 수원지방법원 2017.08.09 2017고단2522

도로교통법위반(음주운전)

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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

【The Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Suwon Friwon method on November 5, 2010, and on January 30, 2013, the Defendant was issued a summary order of KRW 1 million for the same crime at the same court.

【Defendant Inasmuch as the aforementioned person had been punished for driving alcohol two or more times, Defendant 1 driven a bowling MKS car under the influence of alcohol content of about 0.169% in the section of about 1km from the front of the balk-distance transfer line in Suwon-si on April 8, 2017 to the front of the water source viewing road located in the same Dong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;

1. Previous convictions in judgment: 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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances of 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 in alcohol concentration among the blood of the defendant - the defendant recognized all criminal facts. - The defendant has no record of being sentenced to a fine so far. - The defendant has no record of being sentenced to a fine more than once in 2010 and 2013. Considering that the defendant's record of punishment for the same crime was not concentrated at a time once in 2010 and 2013, taking into account all the conditions of the sentencing revealed in the trial process, the

참조조문

-형법 제62조 제1항

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