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(영문) 수원지방법원 여주지원 2018.11.27 2018고단995
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 14, 2018, around 23:49, the Defendant driven a Category C car with approximately 10km alcohol content of 0.095% while under the influence of alcohol level 0.095% at the location of Sungsung-gun, Chungcheongnam-gun, the Southern-gun, the Southern-gun, to the side side of the road 103 km in the direction of the west-gun Highway.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

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

1. The provision of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An unfavorable circumstance shall be taken into consideration, such as the fact that he/she has driven a drinking on an expressway with the reason of sentencing Article 62-2 of the Criminal Act, that he/she has been under the control of drinking for four times until now, and that he/she has again driven a drinking again for about two months after he/she was recently punished for driving under drinking.

However, it shall be considered in favor of the favorable circumstances, such as the fact that the city is dead and reflect, and the fact that the drinking will not be driving again.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, and environment, shall be determined by comprehensively considering all the sentencing conditions.

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