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(영문) 청주지방법원 제천지원 2015.11.26 2015고단507
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 October 9, 2015, at around 00:35, the Defendant, while drunk with a blood alcohol concentration of 0.186%, driven a B-low car at approximately 82 km section from the front of the cafeteria, which is located in the Gangwon-do Seoyang-gun, Chungcheongnamyang-gun, Chungcheongnamyang-gun, to the road located in the Youngcheon-gu, Chungcheongnamyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Six months to one year; and

2. The Defendant, who was sentenced to punishment, committed the instant crime even though he had had the record of punishment for drunk driving and had the previous record of suspended sentence, and also committed the instant crime in light of the Defendant’s blood alcohol concentration, and the risk is considerable is the circumstances unfavorable to the Defendant, and the Defendant’s confession of the instant crime and reflects it is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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