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(영문) 수원지방법원 성남지원 2018.10.02 2018고단1590

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 June 30, 2018, the Defendant driven a motor vehicle with approximately 100 meters Espolog Golf 2.0 TDI car from the front road of 0.231% of alcohol concentration in the blood while under the influence of alcohol at around 23:48, the Defendant was driving from the front road of 0.231% of alcohol concentration in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the reporting of the circumstances of driving, the ledger of driver's licenses, and the results of regulating drinking;

1. Article 148-2 (2) 1, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as ordered in consideration of the reasons for sentencing under Article 62-2 of the Criminal Act and other circumstances of sentencing as stated in the records.

The fact that the defendant has already been punished several times due to drinking driving, etc. is recognizing his/her mistake and seriously against him/her.