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(영문) 수원지방법원 안산지원 2018.02.07 2017고단3385

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 9, 2017, the Defendant driven a cub car in C with alcohol concentration of 0.139% in blood at the front parking lot of 204 C, where the Defendant driven a cub car in the state of under the influence of alcohol content of 0.139% in the blood, at the Scube 204-dong, this Part, which is located in the Haban-dong at the time of light lighting.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes reporting the circumstances of driving under the liquor;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, all the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, shall be determined as ordered by considering the following factors:

· Unfavorable circumstances: The point of driving in the state of full intake, the point that there are many of the same power units and favorable circumstances: The confession and reflect, the short distance of driving, and there is no previous conviction exceeding the fine.