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(영문) 춘천지방법원 영월지원 2016.08.09 2016고단129
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 10, 2016, around 00:50, the Defendant driven a B-ri vehicle under the influence of alcohol level of 0.076% in the 2km section prior to the national highway No. 38 meters prior to Tae-ri-si, Tae-ri, Tae-ri, Tri-si, Su-ri, Tri-si, Tae-ri, Tri-si, Tri-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the circumstances of the driver's license in the State and a report on the detection of the driver in the State;

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

1. Application of statutes on field photographs;

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 reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture are as follows: (a) even though the Defendant had been punished once due to drinking, three times due to driving without a license since 2012, the Defendant did not have any previous conviction exceeding a fine; (b) the Defendant did not have any previous conviction; (c) the favorable circumstances, such as the fact that the blood alcohol level was not high; and (d) the Defendant’s age, sex behavior and environment; and the motive, background, means, methods, and consequence of the instant crime; and (e) the circumstances before and after the instant crime, etc., the sentence as ordered shall be determined by taking into account all the factors of sentencing as indicated in the instant records and arguments.

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