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(영문) 춘천지방법원 강릉지원 2018.01.18 2017고단1309
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 30, 2017, 22:55, the Defendant driven a balp motor vehicle in the state of alcohol concentration of approximately 0.148% in blood alcohol level from approximately 7km section to the national highway of approximately 38 km-ri, Don-ri, 20-ro 20-ro, Sam-ri, Sam-ri, 30-ri, Don-ri, Don-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Relevant photographs;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Relevant legal provisions and Articles 148-2 (2) 2 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In addition, considering the favorable circumstances, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the reason for sentencing under Article 62-2 of the Criminal Act is considerable, the fact that the Defendant was punished for the same kind of crime in 2016, etc., and the fact that there was no record of punishment exceeding the fine, etc., the punishment as ordered shall be determined by taking account of the favorable circumstances.

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