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(영문) 전주지방법원 2016.12.06 2016고단1460
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2016, around 21:33, the Defendant driven a DNA-learning car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.323% from the section of approximately 100 meters from the front parking lot of 205 Yansan-gu Seoul Metropolitan City to the underground sidewalk located in 256.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A copy of the ledger using a drink of drinking alcohol, notification of the results of the regulation of drinking driving, circumstantial statement of a drinking driver, appearance, language, attitude, and report on whether a drinking driver is in danger of driving;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - The circumstances unfavorable to the defendant: The degree of the principal offense and one time before the same offense and the degree of the principal offense (0.323% of blood alcohol concentration) - The circumstances favorable to the defendant: The serious reflectivity and no other criminal offense except once a fine are imposed - The comprehensive conditions for sentencing under Article 51 of the Criminal Act are all other matters;

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