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(영문) 수원지방법원 2019.05.29 2019고단1163
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 13, 2019, around 05:20 on the 05:20th day, the Defendant driven a d horse with D horse with a blood alcohol concentration of about 0.164% in the section of about 3km from the adjacent road of the B apartment in Sungsung City to the front road of the etern C.

Summary of Evidence

1. Defendant's legal statement;

1. Response to the request for appraisal, and report on the detection of the driver;

1. Application of Acts and subordinate statutes to a report on investigation (as to the background of collecting blood of a suspect);

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is not that of the defendant's drunk driving, but that of the nature of the crime, the numerical value of blood alcohol concentration due to drinking of this case is low;

In addition, the defendant has been punished for a fine once due to drinking driving in 2016.

However, the punishment as ordered shall be determined by taking into account various circumstances, such as the defendant's recognition of the crime of this case and his mistake, the defendant's scrapping of the present vehicle and completion of the registration of cancellation, the defendant has no record of punishment more than a suspended sentence, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, and other various conditions of sentencing specified in the record, such as the circumstances after the crime, etc.

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