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(영문) 수원지방법원 안산지원 2014.04.15 2014고단484
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22, 2014, at around 04:20, the Defendant driven B-low-income vehicle under the influence of alcohol with a blood alcohol concentration of about 0.109% from the section of approximately 2km from the front of the 2km-gu, Ansan-si, Ansan-si to the 15th road in Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to drinks for drinking tests, reports on detection of drinking drivers, and circumstantial reports on drinking drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing is that the defendant has been sentenced several times to a suspended sentence due to the refusal of drinking alcohol measurement, etc. in addition to the one already punished on three occasions due to drinking alcohol driving, and driving again in the state of drinking driving, it is necessary to punish the defendant strictly.

However, the execution of imprisonment is suspended only once in consideration of the defendant's family relationship and other circumstances.

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