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(영문) 청주지방법원 2017.11.30 2017고단1848
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 August 2, 2017, at around 02:00, the Defendant driven a ice car under the influence of alcohol concentration of about 0.275% from the 2km section from the pre-road of the mutually unfilled main point of the trade name in the Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu to the front road of about 1050, 1050, the Defendant driven a ice car in the state of under the influence of alcohol concentration of about 0.275% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

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 elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the Order of Education and the Order of Community Service: The nature of the crime and the circumstances are not that of the crime, such as that a vehicle parked in the state of drinking is charged with an accident that shocks the number of vehicles parked in drinking. Sentencing factors favorable to the defendant: there is no criminal history against the defendant. In general insurance, erroneous recognition of facts and reflectability. Comprehensively taking account of the sentencing conditions under Article 51 of the Criminal Act, the sentence should be determined as per the order.

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