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(영문) 청주지방법원 제천지원 2016.02.04 2016고단6

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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 December 26, 2015, around 23:40 around 26, 2015, the Defendant driven “D” restaurant located in Seocheon-si C, with approximately 500 meters alcohol content 0.167% under the influence of alcohol in the direction of “D” road located in 3-1, 4-1, the same city wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of driving at home;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime even though he/she had the record of being punished for driving under drinking, and that the risk is considerable in light of the amount of alcohol concentration in the blood of the defendant, and that the defendant confessions the instant crime and reflects it, and that the defendant has no criminal record of probation or higher is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.