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(영문) 수원지방법원 성남지원 2018.07.20 2018고단1039
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 9, 2018, while under the influence of alcohol 0.093% during blood transfusion, the Defendant driven B-type trucking around approximately 700 meters in the section from the first apartment site near the Man-ri-ri-ri-ri-ri-ri-si, Gwangju-si to the front road of the cafeteriapo-si, Mapo-ri-si, Mapo-si, Gwangju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on a traffic accident, report on the circumstances of the driver of a driving school, and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The fact that the same criminal records and two times of sentencing under Article 62-2 of the Social Service Order Criminal Act are disadvantageous to the defendant.

However, in light of the fact that there is no record of punishment exceeding the fine against the defendant, the confession of the crime of this case and the attitude of reflecting it are shown, there is an interval between the previous criminal records of the same kind and the previous criminal records, and the blood alcohol concentration is very high, and other circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined as per the order.

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