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(영문) 수원지방법원 2017.11.30 2017고단7111
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 19, 2017, the Defendant driven a B-learning car under the influence of alcohol content of about 0.231% from a portion of approximately 700 meters away from the 700 meters away from the road near the intersection road located in the Sin-si, Suwon-si, Suwon-si to the road in front of 790.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C related to a traffic accident;

1. Notification of the results of regulating drinking driving;

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

1. Application of Acts and subordinate statutes to traffic accident reports and accident scene 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 (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 has no record of being punished beyond a fine; the defendant has the spouse and children who are yet elementary school students.

(1) [Unfavorable circumstances] The instant crime is a case in which the Defendant driven a vehicle while under the influence of alcohol 0.231% in blood, and the nature of the crime is not good, the Defendant’s blood content is high, the Defendant shocked the vehicle in a taxi stop to cause minor physical damage, and the Defendant is punished by a fine of 4 million won due to an offense of violation of the Road Traffic Act (driving) committed by the Defendant while under the influence of alcohol 0.170% in blood on August 27, 2017.

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