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(영문) 수원지방법원 안산지원 2016.02.16 2015고단4009
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 October 23, 2015, the Defendant driven a Drocketing car with approximately 3 meters alcohol while under the influence of 0.287% alcohol concentration in front of the blood on the road located in the c real estate located in Ansan-gu, Masan-si, Masan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Written consent to blood collection;

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

1. A request for appraisal;

1. A response to a request for appraisal and a written appraisal;

1. Application of Acts and subordinate statutes on site photographs;

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 reason for sentencing under Article 62-2 of the Criminal Act is the crime that may cause serious harm to the life and body of himself/herself and other persons, and the need for preventive measures and punishment was high. The Defendant, at the time of the instant crime, once he/she was sentenced to a suspended sentence of imprisonment due to the crime of violating the Traffic Act by driving on the road, once he/she drives a drinking again despite the fact that he/she was sentenced to a suspended sentence of imprisonment; the Defendant was led to a traffic accident while driving a drinking; the Defendant was led to a confession and reflect; the distance of driving a drinking is limited to three meters; the Defendant’s age, environment; the motive for the instant crime; the circumstances before and after the instant crime, etc.; and all of the sentencing factors for the instant case are determined as above.

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