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(영문) 수원지방법원 평택지원 2017.09.06 2017고단1218

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

On June 9, 2017, while under the influence of alcohol level 0.161% during blood transfusion, the Defendant driven a cub car in B, and operated the 200-meter section to the roads of approximately 31,000 meters prior to the 36th day of Pyeongtaek-dong, Seo-dong, Seo-dong, Seo-gu, Seo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a survey report on actual conditions and a statement on the circumstances of drivers in charge;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that it is against the recognition of the crime of sentencing under Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures, the fact that there is no criminal history for the past five years, the fact that the alcohol concentration level among the blood transfusion of this case is considerably high, the occurrence of traffic accident (limited to physical damage) due to the instant drinking driving, three times the history of punishing drinking driving (two times the punishment amount and one time the suspended sentence of 201) and other various sentencing conditions under Article 51 of the Criminal Act shall be comprehensively considered and determined as the order.