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(영문) 수원지방법원 2017.10.18 2017고단5311

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 29, 2017, the Defendant driven a DNA strawing car at approximately 500 meters away from the comprehensive commercial building located in the Suwon-si transferdong, Suwon-si, Suwon-si, to the 56th street of Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant was under the influence of alcohol content 0.134% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the traffic accident report and the statement report on the circumstances of the driver involved in driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Suspension of execution under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing) - The conditions unfavorable to the reasons for sentencing - the driving of drinking and the occurrence of accidents resulting therefrom. - The Defendant has the records of having been punished several times for the same kind of crime. - The Defendant’s blood alcohol concentration is high - the favorable circumstances - the Defendant recognizes all criminal facts. - The Defendant has no record of having been sentenced to a penalty exceeding the fine for the same crime. - The Defendant sold the vehicles used for driving alcohol. The Defendant sold the vehicles used for driving alcohol in the above circumstances, taking into account all the sentencing conditions