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(영문) 대전지방법원 2017.05.11 2017고단806

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 February 18, 2017, the Defendant driven a B-e-sports cargo vehicle under the influence of alcohol content of about 0.080% in blood at a section of approximately 2.5km from the front of the B-e-mail in the Jung-gu Daejeon, Daejeon, to the front of the “Dongyang Comprehensive Construction,” located in the same Gu Tandong.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1, 2);

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

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

1. Application of Acts and subordinate statutes on site photographs;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

1. Article 62(1) of the Act on the Suspension of Execution [The defendant's time to commit the crime of this case and reflects the defendant, the fact that the defendant has no criminal record exceeding the fine, the fact that the defendant is a person with a disability, etc., shall be deemed to have a heavy nature of the crime of this case in consideration of the circumstances favorable to the defendant, the records of the same crime are three times (in 2001, 2006, 2008, 2008, 2008) and the risk of

The facts that can be seen can be determined by comprehensively taking into account the circumstances unfavorable to the defendant, such as the age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc. of this case, and the overall sentencing conditions stipulated in Article 51 of the Criminal Act, which are revealed in the process of trial, but the execution of the sentence shall be suspended.)

1. It shall be ruled as ordered on the grounds of protection observation, community service order and order to attend a lecture, or heavier than Article 62-2 of the Criminal Act (in order to prevent recidivism);