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(영문) 춘천지방법원 원주지원 2016.01.26 2015고단1013
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 31, 2015, the Defendant driven B Poter cargo vehicles under the influence of alcohol content of approximately 0.251% from the 20-meter section of blood to the road in front of the “Farido” road located in 44-1, an original city in the salary-ro 44-1, an original city, from the front of the “Farido” to the “Farido 48, an original city in salary-ro 48.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The circumstantial report of a driver driving a drinking, a report on the circumstances of driving a drinking and a report on the results of regulating drinking;

1. A report on the occurrence of a traffic accident and a written statement on the occurrence thereof;

1. A map on the scene of an accident, a survey report on actual condition, and a photograph on the scene of an accident;

1. Application of B tea and mandatory insurance-related Acts and subordinate statutes;

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 Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, again committed the instant crime even though he/she had been punished for driving under drinking in 2013. However, the Defendant reflects mistake.

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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