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(영문) 수원지방법원 2017.09.27 2017고단4181
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 2016, 2017, the Defendant driven CWz car over about 300 meters from the 62-ro 1, 446 p.m. 1, 246 p.m. to the 28 m. 28m. 249 p.m. 30m in the same term, as he/she was under the influence of alcohol content at 0.265% of alcohol among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes governing the statement of the situation of the driver employed in the main place, and the field photography;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act - the circumstances unfavorable to the reason for the sentencing (the favorable circumstances of the reason for sentencing) - The degree of alcohol content in the blood of the defendant exceeds the highest range of the punishment. The defendant has the record of being punished several times for the same kind of crime. The favorable circumstances - the defendant recognizes all the criminal facts. - The last nine years have passed since the punishment was imposed for the same kind of crime.

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