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(영문) 수원지방법원 평택지원 2017.07.05 2017고단901
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 April 20, 2017, at around 23:19, the Defendant driven B-low-car under the influence of alcohol content of about 0.092 percent during blood while under the influence of alcohol at approximately one kilometer from the Do near Pyeongtaek-si, Pyeongtaek-si to the front road in the same city-Eup/Myeon.

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 notify the results of regulating drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The suspended sentence of imprisonment for the same kind of crime, the fact that there was a history of receiving a fine several times of punishment for the same crime, and this case is a case arrested to the police officer who attempted to flee at a considerable distance after the police officer controlling drinking, and thus is highly likely to cause the danger and criticism: Confession, reflectivity, and the fact that the numerical value of the principal drinking is relatively high, and that it does not later repeat again: The sentence is to be made, such as the defendant's age, family relation, and criminal history: 6 months of imprisonment, 2 years of suspended sentence, and 3 years of order of protection observation or higher. It is so decided as per Disposition.

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