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(영문) 수원지방법원 성남지원 2016.07.15 2016고단1285
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 April 7, 2016, at around 00:40, the Defendant driven a BM5 vehicle under the influence of alcohol concentration of about 0.224% from the front of the two mountain sub-ve apartment complex in Seongbuk-gu, Seongbuk-gu, Sungnam-si to the front road of about 50 meters in the middle-gu, Sungnam-si to the front road of about 50 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the detection of a driver at home;

1. A report on investigation;

1. The application of Acts and subordinate statutes to appraisal of alcohol concentration in the blood;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of the favorable circumstances in which the sentencing is significant);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following sentencing shall be repeatedly considered in favorable circumstances);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relation, home environment, motive and means of the crime, and circumstances after the crime, shall be determined by taking into account the following circumstances, such as the community service and the order to attend a lecture.

Unfavorable circumstances: The defendant has a record of being punished for the same crime.

The defendant's drinking value is very high.

The defendant's crime of this case caused a traffic accident.

The defendant made a false statement to a police officer who was dispatched that he/she caused an accident that his/her spouse's friendship is driving.

The favorable circumstances: The defendant is against all of the crimes in this case.

No defendant is subject to a suspended sentence or heavier punishment.

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