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(영문) 수원지방법원 안산지원 2016.05.19 2016고단842

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 13, 2016, the Defendant driven a Bnice car under the influence of alcohol content of 0.231% from the 7km section of the said vehicle from the 3381-ro 32-lane, the same Sin-si, Singu, Sinung-si, to the 32-way road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the detection of drivers working in the main place, a report on the situation of driving in the main place, and a report on alcohol alcohol during blood;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the Defendant’s blood alcohol concentration at the time of the instant crime is 0.231%, and the Defendant has been punished for the same kind of crime within five years prior to the instant crime is disadvantageous.

However, in consideration of favorable circumstances, such as the fact that the defendant recognized his mistake and reflects the defendant, and there is no criminal history exceeding the fine, and the conditions of the sentencing prescribed in Article 51 of the Criminal Act, the same punishment as the order shall be determined.