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(영문) 대전지방법원 논산지원 2017.02.10 2016고단650

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant, on November 28, 2016, driven a Cpoter 1 ton cargo vehicle under the influence of alcohol leveling 0.108% from approximately five kilometers in five kilometers from the center of the Defendant’s house located in Seosan-si B to the front road of the 3 citizen’s pharmacy located in Seosan-si, Seosan-si, Seosan-si, Seosan-do.

2. On December 1, 2016, the Defendant driven a Cpoter 1 ton cargo vehicle under the influence of alcohol content of about 0.084% from the ten-meter section of the blood alcohol level to the front road of the 159 Seosan-si, Seosan-si, Seosan-si, Seosan-si, Seosan-si, the Defendant, around 09:40 on December 1, 2016, under the influence of alcohol level of about 0.084%.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notification of the results of regulating driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to each investigation report;

1. Relevant legal provisions and Articles 148-2(2)2 and 44(1) (i.e., self-driving on November 28, 2016) of the Road Traffic Act concerning criminal facts; Articles 148-2(2)3 and 44(1) (i.e., self-driving on November 28, 2016) of the Road Traffic Act; and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In light of the fact that the Defendant again committed the instant crime despite the fact that the reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture or the Order of Community Service had a record of being punished for the same kind of crime, and that he/she again conducted an investigation on November 28, 2016 to attend a police station after being investigated as a suspicion of self-driving, it is necessary to strictly punish the Defendant.

However, the main sentence is that the defendant reflects the defendant's mistake, has no record of the crime heavier than the suspension of execution, and the degree of alcohol concentration of the defendant's blood at the time of driving, the age, sex, environment, criminal records, criminal records, circumstances after committing the crime, etc., taking into account all the sentencing conditions shown in the arguments of this case.