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(영문) 춘천지방법원 강릉지원 2017.12.21 2017고단1028

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2017, at around 09:17, the Defendant driven B trad truck with alcohol content 0.161% while under the influence of alcohol at approximately 1km from the 1km section to the road in front of the same tri-dong Med-Clok D-Chon pharmacy in the East Sea, the Defendant driven the trad truck with blood alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a notification of the results of regulating drinking driving and a statement in the circumstances of drinking drivers;

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 suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the fact that the drinking volume of reasons for sentencing is considerable is against the disadvantage; and (b) the fact that there is no record of punishment exceeding the fine, etc. shall be considered as favorable circumstances; and (c) the punishment shall be determined as ordered in consideration of all the relevant sentencing conditions, including the defendant’s age, sexual behavior, environment, motive and circumstance after the crime