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(영문) 춘천지방법원 강릉지원 2016.10.26 2016고단1081

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2016, at around 22:38, the Defendant driven B-low-low-car at a distance of approximately 500 meters from the front side of the entrance of the amban beach located in the Yellow Sea, the East Sea to the 33rd side of the Dong-dong Corporation in the East Sea, while under the influence of alcohol of about 0.286% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. 112. List of reported cases;

1. Application of relevant Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The execution of a sentence shall be suspended on condition that probation shall be granted for a certain period within the scope of punishment mitigated, in consideration of the frequency and contents of the defendant's records of drinking alcohol driving, drinking alcohol taking-off, control circumstances, etc. based on the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act, and the family environment of the defendant, support relations, etc.;