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(영문) 수원지방법원 안양지원 2018.02.07 2017고단1773

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 September 16, 2017, while under the influence of alcohol 0.151% among blood transfusions, the Defendant driven B Radon car over approximately 2.5 km from the 72-ro in Manyang-gu, Manyang-gu, Manyang-ro, Manyang-si, to the 322-day road in front of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver of a driving school, notification of the results of crackdown on drinking driving, and report on the detection of the driver of a driving school;

1. Application of Acts and subordinate statutes to the written request for appraisal;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is due to - unfavorable circumstances: The fact that a person was sentenced to a summary order of a fine of KRW 3 million on December 23, 201 due to a violation of the Road Traffic Act (refluence of alcohol measurement) and his/her violation of the same Act and the criminal records of a fine of KRW 3 million are two times more favorable circumstances: The fact that the person committed a violation of the same Act, and that the person was not guilty of a fine exceeding the fine; the other circumstances reflect