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(영문) 광주지방법원 장흥지원 2017.06.29 2017고단60
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2016, from around 04:30 to 06:00, the Defendant driven a Clearning car under the influence of alcohol content of about 0.111% from the 2km section to the front road of the 30th National Assembly members of the same Gun via the 19th National Assembly at the 19th city of Gangseo-gu, Jinjin-gun, Jinjin-gun, Jin-gun, the Defendant, through the front road of the 30th National Assembly members of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the detailed statement of the driver in charge of driving and the results of regulating drinking;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

The factors of favorable sentencing: The factors of unfavorable sentencing, such as the fact that one's mistake is recognized and reflected, the fact that the mother is supported by the aging, etc.: Three times before driving of alcohol, the fact that alcohol concentration in blood is high, and the distance of driving of alcohol is longer, etc.

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