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(영문) 수원지방법원 2017.09.05 2017고단3804
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 4, 2017, the Defendant driven BM7 car while under the influence of alcohol content of about 0.252% in a section of approximately 1km to about 7-2 mnife in front of the south of the Republic of Korea in the direction of the home flusium in the south of 402, the south-Namnam Eup at the time of harmony.

Summary of Evidence

1. Statement by the defendant in court;

1. Consent to blood collection and written confirmation;

1. A written appraisal of alcohol among bloods;

1. Application of Acts and subordinate statutes of a report on the detection of a driver employed in the main place (No. 12 of evidence list);

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. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

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 crime of this case and recognized his mistake, the defendant did not cause other damage, such as traffic accidents, and the defendant did not have any particular criminal record except for punishment (700,000 won) once due to the violation of the Road Traffic Act (driving). The defendant has a son who is under the age to support and seems to have a relatively clear social relationship.

[Unfavorable Circumstances] The crime of this case is a case where the defendant drives a car while under the influence of alcohol 0.252% while blood, and the crime of this case is not good in the nature of the crime, and the defendant's blood alcohol concentration is high.

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