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(영문) 춘천지방법원 원주지원 2016.05.10 2016고단194
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 becomes final and conclusive.

Reasons

Punishment of the crime

On December 25, 2015, at around 02:50, the Defendant driven B BY car under the influence of alcohol content of about 0.305% in blood, from a section of approximately 1.5 meters to a 396-day road, as from the front day of the short-term elementary school located in the Dong-gu, Gangwon-si, Gangwon-si, Gangwon-do, to the front day of the 396-day road in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2);

1. Seizure records;

1. Application of the statutes of the response request for appraisal;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (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 reason for sentencing under Article 62-2 of the Criminal Act on the protection and observation of the order to attend a lecture and Article 62-2 of the order to attend a lecture, despite the fact that the Defendant had already been punished due to drinking driving, was driven in the center of the road, and received the signboards of bus stops installed on the opposite to the road. This is a dangerous and unlimited act that may cause harm to human life.

However, the defendant reflects the wrongness of the defendant.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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