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(영문) 수원지방법원 2019.10.24 2019고단3243
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On May 18, 2019, from around 21:40 to 22:00, the Defendant driven a DNA rocketing car with approximately 18km alcohol concentration of about 0.296% in the section of approximately 18km from the street in front of the wife population B to the front of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has a record of being punished for drunk driving twice, that the blood alcohol concentration of this case is very high, and that the defendant seems to have been driving while drunk, etc. are disadvantageous to the defendant.

However, in light of the fact that the defendant is recognized to commit the crime, both of the above drinking alcohol are punished by a fine, and there are no other criminal records, the last drinking driving criminal is in the year of 2006, and the traffic accident has not occurred, the sentence of the defendant's sentence is harsh.

In full view of all the sentencing conditions shown in the records of the instant case including the above circumstances, it is so decided as per Disposition.

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