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(영문) 수원지방법원 2018.11.07 2018고단4802
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2018, at around 23:51, the Defendant driven Crane IG car in the state of alcohol alcohol concentration of approximately 0.297% from the section of about 1.5km from the public parking lot of the first floor to the third apartment of the 3rd apartment of the 284-ro 10 p.m. at the same city from the public parking lot of the first floor, which is located in the return-dong at the time of their realization.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Code of the Order of Education and the Order of Community Service [the scope of punishment] The sentence was determined as ordered by taking into account the following circumstances, such as the Defendant’s age, sex, environment, motive of the crime, and circumstances after the crime.

In light of the above circumstances, the defendant is not aware of the fact that he has been punished twice by a fine due to drinking, and is driving in a state with high alcohol concentration, and causes physical accidents that meet the central separation facility: there is no record of punishment exceeding a fine, and shows the attitude of recognizing and seriously reflecting his mistake, and recently, it is not good that health is not good after the cancer diagnosis, is participating in the gold week program and is not driving in the future.

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