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(영문) 수원지방법원 성남지원 2016.09.27 2016고단2290
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

1. On October 1, 2015, at around 20:45, the Defendant driven a Daz car under the influence of alcohol content of about 0.218% in blood while under the influence of alcohol at about 4.5 meters from the 192-60 meters away from the beginning of the first Eup/Myeon office located in 1241 in Gwangju-si, Gwangju-si to the front day of the 1241’s singing singing, as in the same city’s impulse, from the beginning of the first Eup/Myeon office, to the front day of the boomed restaurant for about 892-60 meters.

2. On October 6, 2015, at around 18:37, the Defendant driven a C Ma-Ba car while under the influence of alcohol content of about 0.146% in the 5km section from the roads located in the 61-gil, 34, Seoul Special Metropolitan City, Gwangju-ro, Gwangju-do, to the 22-lane, Do-ro, Do-ro, Do-ro, the beginning of the beginning of the same month, from the 5km section to the Do-ro, Do-ro, 7, a Do-ro, Do-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and application of Acts and subordinate statutes of the detailed report on drivers of drinking alcohol;

1. Relevant Article of the Act and Articles 148-2 (2) 1, 2, and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, the choice of imprisonment, and the choice of each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, and all the conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime, the sentence like the order shall be determined.

There is no record of punishment exceeding a fine, and there is no record of punishment exceeding a fine. The amount of alcohol concentration in the blood reaches 0.218%,0.146%, and it is difficult to prevent recidivism due to a fine, such as repeated drinking and non-licensed driving in a short period.

is determined.

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