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(영문) 수원지방법원 2017.06.21 2017고단1219
도로교통법위반(음주운전)등
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

On February 1, 2016, the Defendant was sentenced to a summary order of a fine of seven million won for a crime of violating the Road Traffic Act at the source of a water source method on February 1, 2016, and on May 20, 2010, the Defendant was sentenced to a suspended sentence of two or more times due to drinking driving, such as a violation of the Road Traffic Act at the source of a water source method.

On February 16, 2017, the Defendant, while under the influence of alcohol content 0.074% in blood, was driving a vehicle B at a two-lane potatop parking lot located in the Sinsan Sinsidong on February 16, 2017 to 26-7 neighboring roads in the Sinsan city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at home, and the driver's license register;

1. Previous convictions: References to inquiries, such as inquiries about criminal history, summary orders, and application of the text of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Suspension of Execution Act (the favorable circumstances of the reason for sentencing) - The defendant has the record of having been punished several times for the same kind of crime. - Since one year has not yet passed since the punishment was imposed for the same kind of crime, it does not seem to have been committed again, and the defendant is not able to open to the defendant. favorable circumstances - The defendant recognizes all the criminal facts. - The defendant takes into account the alcohol concentration in the blood of the defendant at the time of the instant crime. The sentencing is ordered as ordered in consideration of all the conditions of sentencing revealed in the trial process.

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