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(영문) 청주지방법원 2016.04.27 2015고단2192
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2015, the Defendant driven B taxi under the influence of alcohol content of about 0.326% from the blood alcohol level to the roads located in the same Eup/Myeon-ro 2425 from the front of the apartment complex to the Hando-ro 2425, located in the Hando-ro of the same Eup/Myeon-ro, Mandong located in the 01:30 square meters in the middle of the apartment complex.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Investigation report (related to specification of alcohol concentration in blood);

1. Application of statutes on site photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was driven under the influence of alcohol by 0.326% during blood. In light of the defendant's blood alcohol concentration, the risk is considerable in light of the defendant's blood alcohol concentration, which is disadvantageous to the defendant. The defendant is led to the confession of the crime of this case and reflect against the defendant, and the fact that the defendant has no criminal record more than a suspended sentence is favorable to

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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