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(영문) 수원지방법원 2017.10.31 2017고단5496
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 6, 2017, the Defendant driven a B-A-A7 car at the section of approximately 1.5 km from the Young-gu, Young-gu, Young-gu, to the front corner of the apartment commercial building for the same Gu, under the influence of alcohol content of 0.293% among blood transfusion around 02:55.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Application of a report on investigation, closure photographs and Acts and subordinate statutes;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. The reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (recognive in favor of the latter) are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sex, environment, motive and circumstance of the crime, means and method of the crime; and (c) the conditions of sentencing as indicated in the record, such as the circumstances after the crime, shall be determined as ordered

[The favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime; the Defendant did not cause other damage, such as traffic accidents; and the Defendant did not have any record of being punished by a fine exceeding the fine

(1) [Unfavorable Circumstances] The instant crime is that the Defendant driven a motor vehicle while under the influence of alcohol 0.293% in blood, and its nature is not good, the Defendant’s blood alcohol concentration is very high, and the Defendant was punished for a fine once due to a violation of the Road Traffic Act in 2013.

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