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(영문) 수원지방법원 2017.08.30 2017고단2465
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

【The Defendant was issued a summary order of KRW 6 million on July 23, 2010 on the grounds of a violation of road traffic law at the Suwon District Court’s Eunpyeong District Court’s House on the grounds of a violation of road traffic law. On March 18, 2011, the same court issued a summary order of KRW 3.5 million on the grounds of a violation of road traffic law (driving), etc.

【Defendant Inasmuch as the above person was punished twice or more due to driving of drinking, Defendant 1 driven CK5 cars at the section of about 1m while under the influence of alcohol with approximately 0.205% alcohol concentration in the blood on the front of Suwon-gu, Suwon-si, Suwon-si on March 18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Report on the circumstances of driving, on-site photographs of the owner;

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. 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. 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 has no record of having been sentenced to a fine exceeding the fine until now. - There are circumstances that may be considered in the driving distance and the place of driving of the defendant. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process.

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