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(영문) 춘천지방법원 2016.02.18 2015고단1154

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On August 22, 2015, at around 00:57, the Defendant driven B Poter II cargo under the influence of alcohol concentration of 0.214% at a three range of e.g., Hongcheon-gun, Hongcheon-gun, Hongcheon-ro 28, Hongcheon-ro Ga. In front of the fact that the Defendant was under the influence of alcohol level 0.214% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A written statement to be prepared;

1. Vehicle photographs;

1. Copy of the police statement made to C;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

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

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances in light of the reasons for sentencing) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspended execution (The following favorable circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant has high alcohol concentration among the blood of the defendant, that the defendant has been punished twice by a fine due to drinking driving, that the defendant has a criminal record of suspended sentence of imprisonment for one time, and that the defendant is more favorable to the defendant's confession of and reflect against the crime.

The punishment shall be determined by combining them.