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(영문) 수원지방법원 2017.11.30 2017고단6640
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 September 15, 2017, the Defendant driven a car with alcohol content of approximately 0.124% in the direction of alcohol 0.124% on the front of the Han Bank, located in 216, Samcheon-ro, Gocheon-ro, Gocheon-ro, Nannam-ro, Youngcheon-ro, 201, Han Bank, which is located in the front of the Han Bank, 216, in the front of the apartment apartment site located in 201.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the notification of the result of regulating 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 (amended by Act No. 1014, Mar. 1, 201);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The Defendant led to the confession of the instant crime and recognized his mistake; the Defendant did not cause other damages, such as traffic accidents; and the Defendant was at the discretion of the Defendant, who was under the influence of his driving on his behalf, and was at the discretion of the Defendant.

In mind, it can be deemed that the perception of drinking driving is not so significant, and the defendant has no record of being punished in excess of a fine for the last ten years, and the defendant shall support his spouse and children under the age of her spouse.

(1) [Unfavorable circumstances] The instant crime is a case where the Defendant driven a motor vehicle while under influence of 0.124% of alcohol concentration in blood, and its nature is not good, and the Defendant’s blood content is relatively high, and the Defendant is a same traffic offense in the same manner as the instant traffic offense is committed prior to around 2006, and a violation of the Road Traffic Act (driving) around 2014.

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