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(영문) 청주지방법원 영동지원 2017.12.07 2017고단114
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2017, at around 23:50, the Defendant driven C rocketing car with approximately 0.240% alcohol content in the 76m section from the parking lot of the public health clinic of the Macheon-gun, Mayang-ro 10, 33,00, to the front road of the GS convenience store located in the same Eup/Myeon-ro 91.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. A traffic accident report;

1. Application of Acts and subordinate statutes in two parts to the output of the NAV map;

1. Relevant provisions of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

4. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the observation of protection and the order to attend lectures [a disadvantageous condition] The crime of this case is that the defendant driven alcohol while blood alcohol concentration is very high, and the nature of the crime is heavy.

As the crime of this case led to a traffic accident, the risk was realized.

The defendant has been notified of a summary order due to the drinking crime in 2013.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

The distance of drinking driving is relatively short.

In addition to the above criminal records, there is no other force of the defendant, and there is no record of punishment heavier than the fine.

The defendant is in a position to support all the elderly, female, and children.

In addition, the defendant's age, reputation, character and conduct, environment, family relationship, and all the sentencing conditions revealed in the trial process of this case, including the circumstances after the crime, etc. shall be determined as ordered.

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