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(영문) 대전지방법원 천안지원 2017.10.19 2017고단1784

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2017, the Defendant driven a B-hand car with approximately 200 meters alcohol level of about 0.235% in a 200-meter section from the road in which it is impossible to identify the name located in the Sung-gu Seo-gu, Seo-gu, Sung-gu, Seo-gu, Seo-gu, Seo-gu, Sung-do to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is 0.235% of alcohol level in the blood transfusion, and the one already driven under the influence of a fine due to driving of alcohol and refusing to measure drinking alcohol level: Provided, That the defendant's mistake is contrary to the recognition of his/her mistake, there is no record of criminal punishment heavier than the fine, and other various sentencing conditions such as the defendant's age, sex behavior, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc. shall be determined as per the disposition.