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(영문) 수원지방법원 안양지원 2018.04.27 2017고단2205
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who drives a passenger car in Category B, which is owned by ASEAN.

On September 23, 2017, the Defendant driven around 17:27, the level of 5 meters on the road, at the entrance of the Giangdong Cro-dong, at around 0.301 percent (blood collection result) of alcohol content in blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 148 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the crime and Articles 148 (2) 1 and 44 of the same Act applicable to the selective punishment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation: there are two times the records of punishment for driving under drinking.

The degree of state practice is very serious.

The favorable circumstance seems to be the attitude of the defendant to reflect the wrongness.

The driving distance is short, and the previous conviction due to drinking is relatively old.

Determination of sentence: Determination of sentence as ordered by taking into account the above circumstances, the age, sex, environment, etc. of the defendant, and the conditions of sentencing.

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