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(영문) 청주지방법원 영동지원 2013.04.04 2013고단1

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 December 11, 2012, at around 00:30, the Defendant driven a C Poter in the state of alcohol alcohol concentration of about 2 km from the front road of the Yacheon-gun, Yacheon-gun, Yacheon-gun, Yacheon-gun, Taecheon-do to the front road of the monthly front of the military document in the same military, with approximately 0.208% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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 reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act include a number of criminal records of the same kind, even though the defendant was engaged in a drunk driving. However, considering that there are no criminal records other than fines, a sentence shall be determined as ordered and the execution of the sentence shall be suspended, but a social service order and a compliance officer order shall be issued to prevent recidivism, etc.

It is so decided as per Disposition for the above reasons.