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(영문) 수원지방법원 여주지원 2018.02.20 2018고단92
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 January 19, 2018, the Defendant driven B Poter in the state of alcohol alcohol concentration of about 150 meters from a section of approximately 150 meters to a pro-friendly restaurant located in the same city Jungcheon-ro, Leecheon-si. From around 22:35, the Defendant driven B Poter under the influence of alcohol concentration of about 0.231%.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. Report on the circumstances of driving under the liquor:

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. The provision of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act provides that a person has been punished several times for the same kind of crime for the reason of sentencing under Article 62(1) of the suspended sentence, and the drinking volume, etc. shall be considered disadvantageous circumstances, but it shall be considered favorable circumstances, such as the time limit and reflects, driving distance, and the fact that a person does not drive drinking again.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered and decided as ordered.

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