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(영문) 수원지방법원 안산지원 2017.04.20 2017고단202

도로교통법위반(음주운전)

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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

Criminal facts

On December 27, 2016, at around 02:25, the Defendant driven B K3 cars under the influence of alcohol with approximately 0.270% alcohol concentration in a section of approximately 100 meters from the 100-meter radius from the top of the Sejong-si, Sinsi-dong, Sejong-si to the front of the Sinsi-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Application of the statutes of the response request for appraisal;

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. 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 grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, sex, environment, circumstances 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 argument of the instant case. In particular, the following circumstances should be taken into account: (a) the Defendant’s age, sex, and environment; (b) the background leading to the instant crime; and (c) the degree of alcohol concentration among blood products is high.

The favorable circumstances: The defendant led to the confession of the crime of this case and recognized his mistake.