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(영문) 수원지방법원 2018.01.31 2017고단7791

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 8, 2017, the Defendant driven B Poter Cargo in the state of alcohol alcohol content of approximately 0.385% from the 3km section around the restaurant near the restaurant in which it is impossible to know the trade name in the Gung-si, Gung-si, Youngdong to the roads near the present elementary school located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes concerning traffic accident reports, reports on the actual conditions of drivers of the relevant driving, and on-site photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing) - The degree of alcohol content in the Defendant’s blood transfusion exceeds the upper limit of drinking alcohol punishment. - All favorable circumstances are recognized by the Defendant. - The Defendant has no record of being sentenced to a fine exceeding the upper limit of fines until now, and the Defendant has no record of punishment until now since he was punished for the same type of crime in 2009. In light of all the above circumstances, the sentence should be imposed as ordered in consideration of all the conditions of sentencing revealed in the trial process.