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(영문) 춘천지방법원 강릉지원 2017.11.02 2017고단856
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 9, 2017, the Defendant driven a B-wing truck with alcohol concentration of about 10km from around 14:45 to around 0.32% under the influence of alcohol level from around 10km to the back of the Agricultural Cooperative of the Republic of Korea in the same city, the Defendant was driving at the B-wing truck in the state of alcohol level of around 14:45.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 1 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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the accused has been punished twice due to drinking alcohol driving, the driving distance is considerable and the drinking value is very high, etc., considering favorable circumstances, such as the fact that the accused has been punished once by a fine between the last ten years, and the fact that only the accused has been punished once by a fine between the last ten years, etc., and the punishment shall be determined as ordered in consideration of the accused's age, sexual behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc.

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