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(영문) 수원지방법원 성남지원 2017.08.24 2017고단1478
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

around 01:41 on May 24, 2017, the Defendant driven a B-hand car with alcohol content of about 3km from the 3km section from the front of the house to the front road of the 1801 Si-dong air condition in the same Si-dong-dong-dong-dong-dong-dong-dong-dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of a traffic accident (1), investigation report (report on the situation of driving at home), and notification of the results of the vehicle under influence of alcohol;

1. Application of statutes on site photographs;

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

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. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

In light of the fact that the defendant had been punished for the same criminal record but has caused a traffic accident caused by driving of the diverse while driving the diverse while causing a traffic accident, and that the alcohol concentration in blood is considerably high, the crime is not good.

The punishment shall be determined as per the order by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against the defendant, the age, environment, sex, motive and means of the crime, circumstances after the crime, etc.

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