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(영문) 청주지방법원 영동지원 2017.12.14 2017고단116
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 14, 2017, the Defendant driven a CNEW EF rocketing car under the influence of alcohol content of about 0.381% in a section of about 900 meters from the earth parking lot located in the 1280 king-ro, Mancheon-gun, Mancheon-gun, Mancheon-gun, to the Dok-do 1375 in the same route.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes notifying the result of regulating drinking driving;

1. Relevant provisions 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;

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

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The reason for sentencing under Article 62-2 of the Criminal Act (unfavorable circumstances) is that the Defendant driven the instant crime by drinking alcohol while the blood alcohol concentration level was extremely high, and the nature of the crime is hot.

As the crime of this case led to a traffic accident, the risk was realized.

Defendant has been notified of a summary order due to a crime of drinking alcohol driving three times in total in 2005, 2006, and 2010.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

In addition to the above criminal records and the summary order in 2010, the defendant does not have any other criminal records until now.

The defendant is in a situation where it is difficult for him to support a pregnant woman with poor health conditions.

In addition, the sentencing conditions, etc. revealed in the trial process of this case, including the defendant's age and reputation, character and conduct, environment, health status, family relationship, and circumstances after the crime, shall be determined as ordered.

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