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(영문) 청주지방법원 충주지원 2013.11.08 2013고단578
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 August 18, 2013, at around 17:40, the Defendant driven B EXE car at approximately 500 meters from the front apartment road to the front road of the restaurant with the same dong while under the influence of alcohol of 0.238% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. The application of Acts and subordinate statutes to requests for appraisal of blood alcohol concentration, requests for appraisal, and written appraisal of blood alcohol;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty; Selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he/she had a previous conviction, the risk of drunk driving, and the purpose of the revision of the Road Traffic Act that intends to strengthen the punishment for drunk driving: considering the following circumstances: the defendant has no previous conviction, other than the above two-time fine, the defendant reflects his/her crime; the defendant reflects his/her age, character and conduct, occupation, family environment, etc.; and the sentencing conditions specified in the records are considered.

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