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(영문) 수원지방법원 안산지원 2013.05.10 2013고단554
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 23:10 on February 17, 2013, the Defendant driven B Poter vehicle with blood alcohol concentration of at least 0.187% over the section of 200 meters from the front of the 1113th road in the Yandong-gu, Ansan-si to the 1113th road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the circumstantial report of a host driver and the report on detection of a host driver;

1. Relevant Article 148-2 (2) 2 of the Road Traffic Act and Articles 44 (1) of the same Act concerning the facts constituting a crime and the selection of a sentence;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds that the defendant was sentenced to a fine on two occasions prior to the issuance of a sentence of a fine for driving under the influence of alcohol again, and is subject to a suspended sentence. Since the defendant again was found to drive under the influence of alcohol again, he/she repeatedly drives under the influence of alcohol even if he/she was sentenced to a fine, and the driving under the influence of alcohol again is very high, and the occurrence of traffic accidents due to the driving under the influence of alcohol in this case, it is necessary to strictly guide

Provided, That the execution of imprisonment shall be suspended in consideration of the fact that the accused is against nature and human damage does not occur, and community service and lecture attendance order shall be added to the purport that it has the time to live in.

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