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수원지방법원 안산지원 2016.02.16 2015고단3924
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 November 12, 2015, the Defendant driven a B-learning vehicle in the state of alcohol alcohol leveling to 0.230% of alcohol leveling from around 1km to around 28-0 in the same city-grept park, from the ambre park near the ambrebin-si, Sinung-si, B-learning vehicle at around 01:55.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Requests for appraisal of alcohol concentration in the blood;

1. Response to a request for blood collection appraisal;

1. Application of Acts and subordinate statutes concerning blood collection appraisal;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education provided that the Defendant once again drives drinking even though he had the record of punishment for drinking driving in 2011, the fact that the blood alcohol concentration was considerably high at the time of the instant crime, the confession and reflect of the Defendant, the circumstances leading up to the Defendant’s driving of drinking, and other various sentencing factors regarding the instant case, including the Defendant’s age, environment, and circumstances after the instant crime, shall be determined by comprehensively taking account of the following factors.

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