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(영문) 춘천지방법원 강릉지원 2016.07.22 2016고단713
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2016, the Defendant was under the influence of alcohol content of 0.205% among blood transfusions on May 22, 2016. The Defendant driven a bhurd vehicle from the 4km section to the revolving intersection located in the Seocho-si's Seocho-si's Seocho-si's Seocho-si's Seocho-si's Seocho-si's Seocho-si's Seocho-si's Seocho-si's Seocho-si's first-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Although it is not good that the instant re-offending was committed on the second month only after the date on which the punishment was imposed due to the driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Criminal Act (recognating grounds, etc. for mitigation of amount) of the suspended sentence, it would not be against the nature of the instant re-offending, dispose of the vehicle, and not re-offending;

The punishment against the defendant shall be determined and the execution of the punishment shall be suspended, considering the fact that the defendant's family environment and support relationship, and the fact that there is no other criminal record except twice the fine due to drinking driving.

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