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(영문) 광주지방법원 장흥지원 2016.07.14 2016고단77
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 24, 2016, at around 16:00, the Defendant driven a B-wing truck with alcohol level of about 0.201% while under the influence of alcohol level of about 0.201% from around 17:00 on the same day to around 1027 as the 17:0 on the same day from the roads near the Jung-gu Seo-gu Seoul Metropolitan City Inter-Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on detection of drivers of alcoholic beverages, reports on the circumstances of drivers of alcoholic beverages, inquiries about the results of crackdown on drinking driving, and notification of the completion of correction under Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In light of the fact that the defendant's blood alcohol concentration is considerably high for the reason of sentencing Article 62-2 of the Criminal Code, and the danger of large accidents may lead to large accidents, the corresponding punishment is needed.

However, the sentencing conditions stated in the records of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, circumstances after the crime, etc., including those favorable to the Defendant, such as the fact that the Defendant was against the Defendant’s mistake and that there was no record of punishment heavier than that of probation due to the same kind of crime, etc., shall be imposed in full view of the sentence like the order.

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