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(영문) 수원지방법원 안산지원 2017.09.14 2017고단2142

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 April 5, 2017, the Defendant driven a BFD car at approximately 500 meters from the front of the Sinung-si's 477-ro, Sinri-si, to the front road of Paris 2, 513, a Sinsi-si, while under the influence of alcohol content 0.19% during blood transfusion at around 23:50.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written statement of a driver who takes charge;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, sexual conduct, environment, background and consequence leading to the instant crime, means and result thereof, circumstances after the instant crime, both similar cases, and other various conditions of sentencing as shown in the pleadings of the instant case. In particular, the following circumstances should be taken into account: (a) the Defendant was punished three times by driving alcohol, and the Defendant committed the instant crime; (b) the Defendant was not liable in light of the fact that he was punished three times by drinking alcohol; (c) the Defendant’s blood alcohol content is relatively high; and (d) the Defendant’s blood alcohol content is relatively high: (a) the Defendant is against the instant crime; and (c