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(영문) 대전지방법원 논산지원 2016.07.15 2015고단239

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

On May 8, 2015, the Defendant driven Cbeer or a car under the influence of alcohol content of about 0.182% at the section of about 10km from the road in front of the Maamamamba-dong, Seosan-si, Seosan-si, Seosan-si to the road in front of the upper Maamba-gu, Seosan-gu, Seosan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A written consent to blood collection and the application of statutes governing alcohol appraisal among blood transfusions;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment in that the defendant again committed the instant crime even though he/she had the record of serving several punishments for the same kind of crime.

However, considering the fact that the defendant is against the wrong, the blood alcohol concentration (0.182%) during driving, and other sentencing conditions shown in the pleadings of this case, such as the defendant's age, sexual behavior, environment, and circumstances after committing the crime, the punishment as ordered shall be determined.