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(영문) 수원지방법원 2017.10.25 2017고단5417

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 August 5, 2017, at around 01:55, the Defendant driven CM5 car while under the influence of alcohol leveling 0.297% from the Do near the Young-dong Highway to the Dong-dong Highway StU5 car at approximately 47km of alcohol level from the Do near the Young-dong Highway at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a response to appraisal, a report on detection of a primary driver;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The defendant has been subject to punishment several times for the same crime, and the defendant has been subject to punishment for imprisonment. - The defendant’s blood alcohol concentration exceeds the upper limit of punishment. The favorable circumstances - the defendant recognizes all criminal facts. - The defendant takes into account the circumstances for which approximately five years have elapsed from the time he/she was punished for the same crime - taking into account all the kinds of sentencing conditions revealed in the trial process in each of the above circumstances. The sentence should be imposed as ordered by the order