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(영문) 수원지방법원 2017.10.18 2017고단5229
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 17, 2017, the Defendant driven B-low-class car under the influence of alcohol content of approximately 0.302% from the 1km section from around 1103-2 to the red-rash road located in the same west-ri, in the event of the movement of the wife population around 09:16 on July 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, an accident scene report, and a statement report on the situation of a driver placed in the main place;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Suspension of the execution of sentence Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing) - The conditions unfavorable to the reasons for sentencing - the driving of drinking and the occurrence of accidents resulting therefrom. The Defendant has the records of having been punished several times for the same kind of crime. - The Defendant’s blood alcohol concentration exceeds the maximum limit of punishment for driving alcohol. - favorable circumstances - The Defendant recognized all criminal facts. - The Defendant should take into account the circumstances where approximately eight years have elapsed since the Defendant was finally punished for the same kind of crime. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process.

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