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(영문) 광주지방법원 순천지원 2019.05.01 2019고단63
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 December 22, 2018, at around 05:30, the Defendant driven Cho-do in the state of alcohol with a blood alcohol concentration of about 0.097% at the 18km section from the Yacheon-si B apartment at the Yayang-si to the bottom of the route 9km-si, Jeonyangyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Application of the traffic accident report (1) (2) actual condition survey report, and Acts and subordinate statutes governing the scene of the accident;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into consideration the favorable circumstances, such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act recognizes the crime and reflects on the fact that the defendant has no record of suspended sentence or more, and the blood alcohol concentration, the distance and place of drinking alcohol, whether the defendant has been involved in an accident, the age, character and conduct, environment and circumstances after the crime;

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