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(영문) 수원지방법원 2017.12.12 2017고단6838

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On September 8, 2017, the Defendant: (a) driven B cruise car under the influence of alcohol content of about 0.218% from the 3.2km to the 58th road in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, the 293's Dogwon Hospital near the Suwon-si, Suwon-si, Suwon-si, the Defendant was under the influence of alcohol of about 0.18%.

2. On May 8, 2013, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the source of a water source method on May 8, 2013. On October 26, 2017, the Defendant was a person who was not detained due to a violation of the Road Traffic Act (driving) and has been in violation of Article 44(1) of the Road Traffic Act on at least two occasions, such as where he/she was under trial at the source of a water source method.

On October 3, 2017, at around 00:51, the Defendant driven B cruise vehicles under the influence of alcohol content of about 30 meters from the distance near the Kink's house where it is impossible to identify the trade name in the Suwon-si transferdong to the same water source front road.

Summary of Evidence

"2017 Highest 6838"

1. Statement by the defendant in court;

1. Statement report, etc. on the situation of the driver at home;

1. Written consent to and confirmation of blood collection, and written appraisal of alcohol during blood transfusion 6,966;

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Written inquiry and reply;

1. Application of Acts and subordinate statutes reporting previous convictions and results thereof;

1. Article 148-2 (2) 1, Article 44 (1) (the point of drinking as stated in paragraph (1) of the same Article) of the relevant Act on the grounds of criminal facts, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving under paragraph (2) of the same Article) of the relevant Act on the grounds of criminal facts;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows.