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(영문) 춘천지방법원 2018.08.16 2018고단581
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 May 9, 2018, the Defendant driven a F K3 car with approximately 700 meters alcohol concentration of about 0.333% while under the influence of alcohol at around 00 meters from the front of C in Chuncheon City B to the front of a restaurant located in D in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the occurrence of a traffic accident, report on actual condition, investigation report on traffic accident, photographs related to a traffic accident, consent to and confirmation of blood collection, response to a request for appraisal, report on detection of a primary driver ( Blood Collection Results), application of the statutes governing suspect vehicle booms and video CDs;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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. The rationale for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend appears to have an attitude that the Defendant seems to reflect on his/her criminal act, and the fact that there is no criminal record punished by drinking driving, etc. is favorable to the Defendant.

However, the fact that the defendant's blood alcohol concentration is very high to 0.33%, and that the defendant's blood alcohol concentration causes a standing signboard and a traffic accident under the influence of alcohol that is being driven under the influence of alcohol.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, the result of the crime, and circumstances after the crime.

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