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(영문) 수원지방법원 안산지원 2014.08.08 2014고단1541
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 29, 2014, at around 00:39, the Defendant driven a dived motor vehicle with a blood alcohol content of about 0.244% under the influence of alcohol at approximately 7km from the Do in front of the shooting distance of the Posi-dong, Sinsi-si, Sinsi-si, to the front of the 7k-ro non-intersection of the 7km.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a drinking driver and a data from drinking output;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The crime of this case for reasons of sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, Etc. is a case for which the defendant under the influence of alcohol. The defendant's blood alcohol concentration is very high, the defendant has been punished three times under the influence of drinking driving, etc., and the defendant's perception of the crime of this case is against the depth of his mistake. The crime of this case is committed only once by taking into account the favorable circumstances such as the criminal after the expiration of the period of probation, the favorable conditions of punishment as shown in the trial of this case.

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