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(영문) 수원지방법원 안양지원 2017.01.24 2016고단1832
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal record] On July 13, 2016, the Defendant was sentenced to a suspended sentence of two years in October, 10 and the judgment became final and conclusive on November 5, 2016.

[Criminal facts] On August 13, 2016, the Defendant driven a hiversh motor vehicle B while under the influence of alcohol concentration of approximately 0.248% from approximately 100 meters in the section of 100 meters, from the Do in front of the Yanyang-ro 90, Annyang-ro, Manyang-gu, Manyang-gu, Manyang-ro, Mangyeong-ro, Mayang-ro, 10, to the west-ro, Suyang-ro, 55, also under the influence of alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. An accident scene photograph;

1. Previous convictions: Inquiries of case summary information (an Ansan branch office 2016 type No. 28532), judicial sentences (around 2016 classical branch office), judicial sentences (around 2016 classical branch office), and judicial sentences (ashedics 2016 classical branch office, 5174 classics 2016 classics

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of an order to provide community service and attend lectures - Circumstances favorable: The crime of this case is in the relation of concurrent crimes with the obstruction of the performance of official duties for which judgment has become final and conclusive, and thus, it is necessary to consider equity with the case of being tried at the same time; the defendant's mistake is recognized; the defendant has a record of being punished for the same crime, such as a fine for drinking driving, etc. twice in 2005; a punishment for a fine for drinking driving, etc. in 2013; and the blood alcohol concentration is high;

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