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(영문) 대전지방법원 공주지원 2016.08.12 2016고단136

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 April 18, 2016, the Defendant driven B, while under the influence of alcohol, B, with approximately 5.3km alcohol concentration of about 0.158% from the front of the old elementary school located in the Sin-gu Sin-Eup, Seocheon-gu, U.S. to the Mancheon-ri located in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a report on a traffic accident (1) (2) and (2), a report on the detection of a primary driver, a report on the circumstances of a primary driver, and a report on the control details;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

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

1. The Defendant, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, has a number of criminal records of the same kind, choose imprisonment.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

In this context, the defendant's age, sex, frequency and frequency of drinking power, alcohol concentration during blood, details of the crime, circumstances after the crime, etc. shall be determined by taking into account various circumstances such as the defendant's age, sex, alcohol, and alcohol, and the sentence as ordered.