beta
(영문) 수원지방법원 성남지원 2019.03.06 2018고단2742

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 20, 2018, at around 03:00, the Defendant driven C Lasta car with a blood alcohol content of about 0.209% under the influence of alcohol over the section of about 8km, which is from the roads near Jinnam-si B apartment in Seongbuk-gu to the roads near the Seowest-gu Subdivision-si, Seonam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to the regulations on drinking driving;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. The sentence of the suspended sentence under Article 62(1) of the Criminal Act is based on the reasoning records, career, character and behavior, family relationship, living environment, circumstances leading to the crime, etc. of the defendant, and the conditions of the sentencing as shown in the records, such as the records, shall be determined as the sentence of the suspended sentence.