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(영문) 수원지방법원 여주지원 2015.10.14 2015고단698
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 became final and conclusive.

Reasons

Punishment of the crime

On July 12, 2015, at around 15:15, the Defendant driven B passenger vehicles with a blood alcohol concentration of about 300 meters from the front Do in the Samsung Tri-si, Samsung Pyeong-si, to the front road of about 300 meters in the same way as the Do in the middle of 300 meters in the middle of 0.214% in alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to notification of the circumstantial statement of a drinking driver and the result of crackdown on drinking driving;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence is that a person causes an accident to reverse a vehicle while driving the vehicle in the condition of detention, and that there is a record of the same kind of crime, it shall be punished with strict punishment.

However, the punishment was determined in consideration of the fact that the defendant led to the crime and responded to the crime, received hospitalized treatment as to alcohol ozone, and there was no record of the same kind as the suspended execution or higher.

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