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(영문) 춘천지방법원 속초지원 2018.08.22 2018고단129
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2018, the Defendant driven a e-wing truck with alcohol content of 0.123% while under the influence of alcohol from approximately 8km section to the parking lot for the National Health Insurance Corporation's high-quality branch located in 2-lane 4 of the south-gun of the same Gun, from the end of the house of D, located in Gosung-gun C around 19:00 to the end of the parking lot for the National Health Insurance Corporation's high-quality branch in the same Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the above dmark calculation);

1. Notification of the results of the crackdown on driving drinking, and photographs related to the said drone mark;

1. Application of the Acts and subordinate statutes to persons reporting vehicles boomed and video CD-related to their own drinking;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The sentencing of Article 62-2 of the Criminal Code of the Order to Attend the lecture has many records of the defendant, but there is no record of being punished for drinking for the last ten years, and the driving distance at the time of the instant case is not shorter than the short, and the sentence shall be determined as ordered in consideration of all the conditions of sentencing, including the defendant's age, sex, environment, circumstances of the crime, means and result, and the circumstances after the crime.

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