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(영문) 대전지방법원 천안지원 2017.10.12 2017고단1691

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2017, the Defendant driven BM5 vehicle under the influence of alcohol leveling 0.316% from the front day of the large apartment site located in 59-lane, Nam-gu, Nam-gu, Southern-gu, Seoul, 2017 to the street in front of the street in the same new-dong, New-dong, the Defendant driven BM5 vehicle under the influence of alcohol leveling to 0.316%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to a report on investigation (report on the situation of driving in the main place);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, the driving of the blood alcohol level at 0.316% and the degree of alcohol level at 0.316%: Provided, That it is against the Defendant’s wrong recognition, the primary offender is the Defendant’s age, sexual behavior, family relationship, home environment, motive and means of a crime, and other various sentencing conditions, such as the Defendant’s age, sexual behavior, family environment, motive and means of a crime, etc., shall be determined as the Disposition.