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(영문) 수원지방법원 안양지원 2016.11.03 2016고단1347

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 00:30 on July 30, 2016, the Defendant violated the Road Traffic Act (driving a sound driving) operated CEX car in a state of alcohol alcohol concentration of 0.173% from the front day of “B” in the vicinity of the city of Ansan-si to the distance of the city of Ansan-si during the period of Ansan-si.

2. On July 30, 2016, the Defendant was under the influence of 00:30 on July 30, 2016, the Defendant was driving C EXE cars owned by the Defendant with blood alcohol concentration of 0.173% from the inside view distance of the Gu, and was under the influence of 0.173% from the inside view distance of the National Land Research Institute, the Defendant was driving the victim D(56 years old) who stopped while driving a vehicle for signal traffic in the front and rear direction of the flow distance from the view distance of the National Land Research Institute.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as the crypum dump for about two weeks to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual condition survey report;

1. Statement on the circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing vehicle photographs and booms image photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury) and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into consideration the following circumstances, such as the age, character and conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime.

Unfavorable circumstances: