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(영문) 수원지방법원 성남지원 2017.09.14 2017고단1847
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

피고인은 2017. 6. 19. 23:42 경 혈 중 알콜 농도 0.285% 의 술에 취한 상태로 성남시 중원구 하대원 아 튼 빌 부근에 있는 쭈꾸미 음식점 앞 도로에서부터 광주시 경 충대로 2237에 있는 갈마 SK 주유소 앞 도로에 이르기까지 약 4km 구간에서 D K7 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and the application of Acts and subordinate statutes for investigation report (report on the situation of the driver of drinking alcohol);

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the 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 crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

Although the defendant had been punished for the same criminal records, he/she once drives alcohol again, the fact that the blood alcohol concentration is considerably high is disadvantageous to the defendant, the fact that the defendant is against himself/herself, and there is no criminal record exceeding the fine, etc. shall be determined by taking into consideration the circumstances favorable to the defendant, such as the order.

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