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(영문) 광주지방법원 해남지원 2016.02.25 2015고단575

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 6, 2015, the Defendant driven B vehicles from about 8 km to the Dogggg-ri to the same Dogggggggg-ri to the Dogggggggg-ri road of the same area, while under the influence of alcohol content of 0.259% among the blood transfusion around 14:11.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. (A) Application of the statute to the situation of measurement of drinking alcohol;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

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

1. The sentencing of Article 62(1) of the Criminal Act provides that the Defendant’s blood alcohol concentration is very high for the reason of sentencing, and the distance of the Defendant’s driving under the influence of alcohol is not short, and is disadvantageous to the Defendant.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant is against the defendant, the fact that the defendant has no record of the same kind of crime, and other various sentencing factors such as the age, sex, environment, and circumstances after the crime.