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(영문) 수원지방법원 안산지원 2018.11.22 2018고단3382
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 June 27, 2018, under the influence of alcohol level of 0.10% among the blood transfusions, the Defendant driven a cub car from approximately 300 meters away from the front of the commercial district in the west-dong in the west-dong in the light name to the front road of about 1216, the Defendant driven a cub car at D in the section of approximately 300 meters from the front road in the west-dong in the light name.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving and the application of Acts and subordinate statutes governing the record of drinking measurement;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act requires the defendant to drive drinking again even though he had a history of punishment three times due to drinking in the past. The punishment is imposed as imprisonment since the nature of the crime is not less and less than that of the crime, but the defendant has prevented recurrence while against the mistake, and other factors of sentencing, such as the defendant's age, health condition, etc., shall be determined as per the order by comprehensively taking into account various factors of sentencing.

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