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(영문) 광주지방법원 해남지원 2015.11.26 2015고단397
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 16, 2015, while under the influence of alcohol at 0.246% of blood alcohol level, the Defendant driven B vehicles in approximately 2 km from the Gonam-gun, Jindo-gun, Gonam-gun, Gonam-gun's household bathing beach to the front of the Dogdong-ri, Dogdong-dong Community Center.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to investigation reports (date of final drinking of a suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The circumstances unfavorable to the defendant, such as the fact that the defendant's blood alcohol concentration is very high in the sentencing reason of Article 62(1) of the Criminal Act, and the distance of the defendant's driving under the influence of alcohol is not shorter than the minimum.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant is against the defendant, the defendant has no criminal records of the same kind, the age, character and conduct, environment of the defendant, circumstances after the crime, and other various sentencing factors.

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