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(영문) 수원지방법원 2017.09.27 2017고단4459
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 June 23, 2017, the Defendant driven a Belgium car at approximately 0.220% alcohol level from the 200m section of the blood alcohol level to the front road of the capital reduction parking lot, which is the unit of 1425 water units, from the front road of the capital reduction parking lot, to the front road of the goods in front of the capital reduction parking lot, in a state under the influence of alcohol level of about 1425 water units.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared in D, E, and F;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, site photographs of accidents, and statement reports on the situation of drivers;

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. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The occurrence of alcohol driving and accidents resulting therefrom - The degree of alcohol content in the Defendant’s blood relative exceeds the highest degree of punishment. The Defendant has the record of having been punished several times for the same kind of crime. - The favorable circumstances - the Defendant recognized all criminal facts - the Defendant has been punished for the same kind of crime. The last eight years has elapsed from the time of punishment for the same kind of crime. The sentencing should be imposed as ordered in consideration of all the kinds of sentencing conditions revealed in the trial process in the above circumstances.

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