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(영문) 전주지방법원 군산지원 2017.07.12 2017고단483
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 April 16, 2017, the Defendant driven a coo car in B while under the influence of alcohol content of 0.054% at a section of approximately 100 meters in the 100-meter radius near a gluthic road in the Namwon-si, Namwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes of reports on the circumstances of drivers;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

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

3. The grounds for sentencing under Article 62-2 of the Criminal Act [unspecified Sentencing Criteria] and the following circumstances, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined in full view of the following circumstances.

The favorable circumstances: Recognizing the crime of this case, it is against the law.

Unfavorable circumstances: The crime of this case has been committed even though there was a history of punishment several times due to the crime of drinking driving.

Other circumstances: 10 years have passed since the last punishment was imposed for the same kind of crime, and the alcohol concentration in the blood was relatively low by 0.054%.

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