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(영문) 청주지방법원 영동지원 2018.09.20 2018고단90
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 19, 2018, the Defendant driven a car with alcohol concentration of approximately 0.255% from around 300 meters to around 56 in the center of the Eup/Myeon, from around 2-lane in the center of the Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of crackdown on drinking;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Relevant provisions 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;

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

3. The reason for sentencing of Article 62-2 of the Criminal Act [unfavorable circumstances] is that the Defendant had already been punished three times due to the same kind of crime, and the Defendant had had the record of causing a traffic accident by driving under drinking again, resulting in an injury to another person, and again committed the instant crime again.

The alcohol concentration level in the blood of drinking driving was 0.255% high.

As the crime of this case led to a traffic accident, the risk was realized.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

The instant traffic accident did not cause personal injury.

The defendant is in a position to support the mother of the aged who is not healthy.

In addition, the sentencing conditions, etc. revealed in the trial process of this case, including the defendant's age and reputation, character and health status, environment and family relationship, and the circumstances after the crime, shall be determined as ordered.

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