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(영문) 전주지방법원 2016.09.20 2016고단810

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 June 10, 2016, around 23:07, the Defendant driven a esch Rexn car under the influence of alcohol concentration of approximately 0.14% from the 10-meter section from D real estate adjacent to D real estate located in Seojin-gu Seoul Special Metropolitan City to the front left of the said D real estate.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report (driving on the road traffic under the influence of alcohol);

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of the photographic Acts and subordinate statutes;

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act – The reason for sentencing under Article 62-2 of the order to attend a lecture - The degree of principal punishment (0.14% alcohol level in blood) is three times before and after a fine is imposed on the accused; - The circumstances favorable to the accused: serious reflectness, suspended execution, or heavier punishment; - The support of the aged and children, which are conditions for sentencing under Article 51 of the Criminal Act;