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(영문) 수원지방법원 2017.10.25 2017고단5573
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 July 21, 2017, the Defendant driven B-wing truck under the influence of alcohol of 0.161% with alcohol content from the front day of the Suwon Hospital to the front day of the Suwon-si, Suwon-si, Suwon-si, the unit of which was 93, the Suwon-si, Suwon-si, the Suwon-si, and the front day of which was 790.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the details of alcohol appraisal and the control of drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

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 defendant has been subject to punishment several times for the same crime. - The defendant’s blood alcohol concentration is high. The favorable circumstances - the defendant recognizes all criminal facts. - Considering that the period during which the defendant committed the same kind of crime has been distributed, and that about three years have elapsed from the time when the defendant was punished, the punishment should be imposed as ordered in consideration of all the kinds of sentencing conditions revealed in the trial process.

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