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(영문) 수원지방법원 안산지원 2017.01.12 2016고단4061
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 the driver of B 2 cargo vehicles.

On September 16, 2016, the Defendant was driving the said vehicle under the influence of alcohol concentration of 0.218% in blood, starting from the influence of the members of Ansan-si, the head of the Sinsan-si, the head of which, at around 22:39, it was under the influence of alcohol concentration of 0.218% in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on drivers of drinking alcohol, inquiry of the results of crackdown on drinking driving, and application of the Acts and subordinate statutes requesting appraisal;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)1 and 44(1) of the Road Traffic Act, choice of imprisonment (limited to the year 2001 and year 2008, but the defendant has been punished for the same kind of crime twice, and unfavorable circumstances, such as the fact that the blood alcohol concentration at the time of the instant crime reaches 0.218%, etc.);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Quantity (a favorable consideration, such as the fact that the defendant recognized his/her mistake and reflects against himself/herself, and that he/she was punished for the same kind of crime twice as seen earlier, but that he/she was punished for the same kind of crime in 2001 and 2008);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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