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(영문) 청주지방법원 2013.07.17 2013고단635
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 17, 2013, at around 17:15, the Defendant driven B Pobbbbing cargo at approximately 0.273% of blood alcohol content from the fourth section of approximately four kilometers to the front road of the Cheongsungwon, a Cheongsung-si, the Cheongsan-si, the Cheongsan-si, the Haban-gun, the Haban-gun, the Defendant was under the influence of alcohol at around 0.15.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a report on detection of a drinking driver, a circumstantial statement of a drinking driver, and a manual for enforcement;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence shall be determined as ordered in consideration of the favorable circumstances, such as the fact that the defendant confessions and reflects the reason for sentencing under Article 62(1) of the Criminal Act, and the fact that the defendant has been punished for the same kind of crime, and that the blood alcohol content exceeds 0.273%, and other unfavorable circumstances, such as the age, character and conduct, environment, background of the crime, and circumstances after the crime, etc.

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