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(영문) 대전지방법원 공주지원 2018.09.21 2018고단352

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

피고인은 2018. 8. 1. 22:01 경 공주시 탄천면 신영리 텃 골 식당 앞길에서부터 공주시 이인면 목동 리 입구 앞까지 약 7km 구간을 혈 중 알코올 농도 0.099% 의 술에 취한 상태로 B 포터 1 톤 화물차량을 운전하였다 증거의 요지

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The court shall select a sentence of imprisonment in consideration of the crime of this case committed even though the person committed the crime of this case, having committed the same criminal records and three times for sentencing of Article 62-2 of the Criminal Act.

However, the execution of a sentence shall be suspended at once only in consideration of the fact that the defendant is against the defendant, and the interval between the criminal records of the same kind and the criminal records of this case, as well as the fact that not only the blood alcohol concentration at the time of the crime of this case appears to have been significantly high.

In addition, the defendant's age, sex, environment, occupation, family relationship, etc. and various sentencing conditions shown in the trial process shall be comprehensively considered, and the punishment shall be determined as ordered.