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(영문) 수원지방법원 안양지원 2017.01.13 2016고단1681

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 16, 2016, the Defendant, while under the influence of alcohol 09:30% from blood, driven a car with EXE-f-f-f-f-f-f-f-f-f-f-f-f-f-f-f-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-

2. No driver of any motor vehicle that violates road traffic Acts shall threaten or endanger other persons, or cause any danger to traffic, by consecutively committing two or more acts falling under the subparagraphs of Article 46-3 of the Road Traffic Act, including a median line, violation of prohibition against change of course, etc., or by continuing or repeatedly committing any of such acts;

Nevertheless, in order to avoid crackdowns while driving alcohol as described in the above paragraph 1, the defendant 1 sprinked twice the center line from the neighboring road of the tunnel to the shooting distance road of the sports plaza, which is located in the Gunpo-si in the military, in order to avoid crackdowns as described in the above paragraph 1, and repeated driving in violation of the prohibition of change of course twice, thereby causing danger to traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to each investigation report and photographic materials;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking), Article 151-2 and subparagraphs 2 and 5 (the point of bad driving) of Article 46-3 of the Road Traffic Act, and the choice of imprisonment for each sentence;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The defense counsel's assertion regarding the defense counsel's assertion under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lecture asserts that at the time of committing the crime as stated in paragraph (2) of the judgment, the defendant was in a state of mental and physical loss or mental weakness, but all the circumstances, such as the background of the crime, the details and mode of the crime, and the circumstances before and after the crime, which can be known