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(영문) 수원지방법원 2017.11.30 2017고단6951

도로교통법위반(음주운전)

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

On October 12, 2017, at around 13:28, the Defendant driven a B-low vehicle under the influence of alcohol content of about 0.110% while under the influence of alcohol at a section of about 1km from the roads near the Young-gu, Suwon-si, Suwon-si to the front of the hotel capital in Suwon-si to approximately 1km-si.

Summary of Evidence

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 the driving of drinking alcohol and the application of Acts and subordinate statutes governing the measuring records;

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. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act refers to the case where the defendant drives a motor vehicle while under the influence of alcohol 0.110% of alcohol in his blood, and the crime of this case is not good, and the defendant's blood alcohol concentration is relatively high, the defendant interfered with traffic or was at risk of an accident due to a locking in the state of parking at a two-lane, and the defendant has a history of serving three times punishment due to the same kind of crime of traffic in violation of the Road Traffic Act (driving of Drinking), violation of the Road Traffic Act (Refusal of Drinking), violation of the Road Traffic Act (Refusal of Drinking), but on the other hand, the defendant recognized his mistake while making a confession of the crime of this case, and the defendant did not cause any damage such as causing a traffic accident, and the court shall determine the sentence of punishment by comprehensively taking into account all the circumstances favorable to the defendant, such as the defendant's age, family relation, sex, environment, motive, motive and method of the crime, and circumstances after the crime.