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(영문) 춘천지방법원 원주지원 2017.01.17 2016고단1147

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 October 24, 2016, at around 21:31, the Defendant driven CM car in the state of alcohol alcohol concentration of about 0.084% at a section of about 500 meters from the dlim gynasium in front of the dlim gynasium in Taeju-si to the front side of the second apartment complex in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and notification of the results of crackdown on driving under drinking;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, driven a drinking alcohol again, even though he had the record of punishment three times.

However, the alcohol concentration in blood was relatively high at the time of driving.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.