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(영문) 청주지방법원 제천지원 2015.12.24 2015고단622
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 August 28, 2015, at around 23:53, the Defendant driven a sports cargo vehicle B in the state of alcohol 0.113% of blood alcohol concentration at approximately 300 meters from the Do in front of the Do in front of the Do in the Yancheon-si to the Do in front of the Do in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A witness's statement;

1. On-going driving reports, reports on the state of the operation of a motor vehicle, and reports on the results of the crackdown on drinking;

1. Application of Acts and subordinate statutes governing accident 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished several times due to drinking driving, etc., and the defendant committed the crime of this case even though he had a previous conviction due to the suspended sentence, it is disadvantageous to the defendant. The fact that the defendant led to the confession of the crime of this case and is against the defendant 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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