beta
(영문) 수원지방법원 성남지원 2018.01.19 2017고단3150

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 August 12, 2017, the Defendant driven BM3 car from around 300 meters in the section of 300 meters from 1st to 2234 from 239 pactic vibration in Manam-si, Sungnam-si, the alcohol level of 0.288% in alcohol level among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Notification of the results of crackdown on driving under drinking and application of statutes to the situation of drivers under driving under drinking;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the 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 (The following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant had the same criminal records once, and that the blood alcohol concentration exceeds 0.28%, etc. are disadvantageous to the defendant.

However, in consideration of the fact that there is no record of punishment exceeding the fine against the defendant, confession and reflect on the crime of this case, and other factors under Article 51 of the Criminal Act, the punishment shall be determined as per the order.