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(영문) 전주지방법원 2018.08.21 2018고단1035
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 March 21, 2018, at around 23:25, the Defendant driven Bho-do car under the influence of alcohol concentration of approximately 0.054% in a section of approximately 1.5km in front of the North Korean bank located in 17, Young-gu, Chungcheongnam-gu, Jeoncheon-gu, Jeoncheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. (i) the actual condition of the traffic accident;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that the Defendant was punished for driving alcohol, but the Defendant was also under the influence of drinking alcohol.

However, the punishment is determined as ordered by comprehensively taking into account the following circumstances, such as the fact that the defendant is against the defendant, the fact that there is no record of crime exceeding the recent fine, the age, drinking volume, the circumstances and result of the crime, and the situation after the crime.

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