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(영문) 대전지방법원 논산지원 2017.10.20 2017고단477

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 July 21, 2017, the Defendant driven D's vehicle in the state of alcohol alcohol concentration of about 0.210 percent from the 37 odm 211 p.m. from the 211stm in Seosan-si, Seosan-si, Seosan-si to the 37thm.m. in Seosan-si, Seosan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reporting on the occurrence of a traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Application of enforcement manual statutes;

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. In light of the fact that the Defendant again committed the instant crime despite the fact that the reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture or the Order of Community Service had a history of serving several times of punishment for the same kind of crime, and that the Defendant’s blood alcohol concentration at the time of driving is very high to 0.210%, it is necessary to strictly punish the Defendant.

However, in light of the fact that the defendant reflects the mistake, the previous criminal records of the previous criminal records of the previous criminal records of the previous criminal records of the previous criminal records of the previous criminal records of the previous criminal records of the previous criminal records of the previous criminal records of the defendant, and all of the sentencing conditions of the criminal records of the previous criminal records of the previous criminal records of the previous criminal records of the previous criminal records of the previous criminal records