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(영문) 청주지방법원 2017.09.28 2017고단1155
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 18, 2017, around 13:50, the Defendant driven a PLCOUTRT 125c U.S. non-registered diaba in the state of under the influence of alcohol with approximately 0.245% alcohol content from approximately 1km to the front of “Dong-dong fishing place,” located in the Myeondong-ri, Myeondong-ri, Myeondong-ri, Myeondong-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to report the occurrence of the case, arrest and the state of driving;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Elements of sentencing unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act in the suspension of execution: Re-driving of alcohol even though he/she has been sentenced to a fine due to drinking or non-licensed driving;

B. Of blood, alcohol content is very high. The factors of sentencing favorable too are erroneous and reflectable. It is difficult to move as a class 2 disabled person who does not use one arms. o and other factors of sentencing under Article 51 of the Criminal Act, comprehensively taking into account the sentencing conditions under Article 51 of the Criminal Act, the sentence is determined as ordered.

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