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(영문) 대구지방법원 영덕지원 2016.05.18 2016고단46
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 February 6, 2016, the Defendant, at around 01:15, driven a C rocketing car under the influence of alcohol content of about 0.249% from the 15km section to the 15km in front of the cU convenience store located in the Pyeong-gun, Pyeongtaek-gun, Chungcheongnam-do, Pyeongtaek-do, Ulsan-do, U.S., and then driven a C rocketing car under the influence of alcohol content of about 0.249%.

Summary of Evidence

The defendant's legal statement D's report on the occurrence of traffic accidents, a report on the detection of the driver at the State, a traffic accident report (1) - a survey report, a secondary inquiry into the results of the crackdown on driving under influence, the pertinent legal provisions on the crime subject to the applicable law and Article 148-2 (2) 1 and 44 (1) of the Act on the Selective Road Traffic Reduction and Exemption of Small Quantity under Articles 53 and 55 (1) 3 of the Criminal Act, Article 62 (1) 3 of the Act on the Suspension of Execution under Article 62 (1) 3 of the Criminal Act, the community service order, the community service order, Article 62-2 of the Act on the Order to Attend, although the defendant had been sentenced once to a fine for the same kind of crime, it is very unfavorable that the defendant's blood alcohol concentration of the defendant was considerably high.

However, considering the fact that the defendant is both aware of and against his mistake, the fact that the defendant is receiving treatment of proof of alcohol in order to prevent another person from committing the same kind of crime, the punishment as ordered shall be determined in consideration of all the sentencing conditions, including the defendant's age, sex, environment, motive and circumstance of the crime, means and result, and circumstances after the crime.

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