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(영문) 수원지방법원 2017.06.20 2017고단1351

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 March 13, 2017, around 10:30, the Defendant driven a B rocketing car with approximately 20m alcohol content at a distance of about 0.286% in alcohol in front of the apartment house management office in front of the apartment house management office of the 1419 Simsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the actual survey report;

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. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while making a confession of the crime of this case, and there is no record of criminal punishment exceeding the fine.

(1) [Unfavorable circumstances] The instant crime is a case where the Defendant driven a car while under the influence of alcohol 0.286% while blood, and its nature is not good, and the Defendant’s blood alcohol concentration is relatively high, and the Defendant also caused a minor traffic accident due to the instant crime.