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(영문) 대전지방법원 천안지원 2018.06.21 2018고단494

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 11, 2018, the Defendant was under the influence of alcohol concentration of 0.267% during blood transfusions at around 21:23, the Defendant driven a Bunch-free car at approximately 500 meters away from the front of the water gun in the south-gu, Southern-gu, Seoul, to the front road of the restaurant of the Bunk Island located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that an order to attend a lecture was driven under the condition of 0.267% alcohol concentration among the blood transfusions with the reason for sentencing under Article 62-2 of the Criminal Act, the fact that the defendant has already been punished for the crime of drinking alcohol driving: Provided, That the fact that the defendant's mistake is contrary to the recognition of his/her mistake, there is no history of criminal punishment heavier than the fine, and other various sentencing conditions, such as the defendant's age, sex behavior, motive and means of the crime, circumstances after the crime, etc., shall be determined as per the order.