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(영문) 수원지방법원 안산지원 2019.02.13 2018고단3435

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2018, the Defendant driven a B car with approximately 1 km from the new road in Ansan-si to the front road of the 416 Ansan-ro 416 Ansan-ro in the same Gu, under the influence of alcohol level of 0.21% of blood alcohol level around 22:19.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes reporting on the circumstances of a drinking driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service, and lecture attendance order at the time of detection of the reasons for sentencing under Article 62-2 of the Criminal Act are very high in drinking level, and there are many kinds of records including punishment, which do not need to be punished strictly. However, the defendant was led to a confession and reflective attitude, 10 years from the date of the immediately preceding criminal act, 4 years from the date of the immediately preceding criminal act, 10 years from the date of the immediately preceding criminal act, 4th degree of disability is considered as favorable circumstances, and the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, family relationship, and circumstances after the criminal