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(영문) 수원지방법원 안산지원 2018.01.31 2017고단3046
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On August 25, 2017, the Defendant: (a) while under the influence of alcohol 0.109% from the blood alcohol level around 23:56 on August 25, 2017, the Defendant transleted B from the home flusing around the Plusium located in Ansan-si to the roads around 1056 (Moved) at approximately 2km to the center of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The application of Acts and subordinate statutes to appraisal of alcohol concentration in the blood;

1. Relevant legal provisions and Articles 148-2 (2) 2 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 on the suspended execution;

1. The sentencing conditions under Article 62-2 of the Criminal Act, such as the defendant's age, sex, family relationship, etc., shall be determined in consideration of the following normal relation with the observation of protection, community service and order to attend a lecture, and the sentence as ordered;

- Unfavorable circumstances: The occupation of driving a motor vehicle again under the influence of the same kind, including the refusal of measurement of drinking, and the circumstances favorable to it: The confession and reflect of the crime, and the fact that there is no previous conviction exceeding the fine;

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