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(영문) 수원지방법원 2017.12.13 2017고단7040
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

[criminal history] On April 5, 201, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and on December 20, 2012, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

[2] Although Defendant 1 had been punished twice or more due to drinking driving, Defendant 2 driven the Samsung Motor Vehicle under the influence of alcohol with approximately 0.069% alcohol concentration in approximately 30 meters from the front of the Samsung Motor Vehicle Trading Co., Ltd., which was located in the Hanwon-si, Suwon-si, Suwon-si, Suwon-si, and at around 23:51 on September 30, 2017 to the front of the 101-ro in the front of the 100-ro, Suwon-gu, Suwon-si, which was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. References to inquiries, such as criminal history, provision of an summary order, and application of statutes on copies of the 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. 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. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The defendant has a record of having been punished several times for the same crime, and has been punished by imprisonment. The favorable circumstances - The defendant recognizes all the criminal facts. - There is room for consideration of the defendant’s blood alcohol concentration from the last punishment in 2012 to the present. Considering the fact that the defendant has no record of punishment during the trial process, the sentence is ordered in consideration of all the kinds of sentencing conditions revealed in the trial process.

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