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(영문) 대전지방법원 홍성지원 2016.10.11 2016고단532

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 June 7, 2016, around 05:30, the Defendant driven a DM3 car under the influence of alcohol with approximately 1.5 K K alcohol concentration of about 0.237% from the front of the Defendant’s house located in Bon-si, Bon-si, to the front of the Council meeting located in the same Myeonn-ro 754-32.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the status of a drinking driver, reports on the status of a drinking driver, and reports on the statement of his/her status, and regulations governing drinking driving;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the defendant’s age, character and conduct, environment, circumstances before and after the crime of this case, and the background of the crime.

D. Unfavorable circumstances: A crime that is highly likely to harm the life, body, and the family to which the victim belongs, which has become a social issue; the danger of drunk driving and strong punishment at the time of the violation are deemed to have been sufficiently notified to the people; the defendant's blood alcohol concentration at the time of the crime was high; the defendant's blood alcohol concentration was high; the police officer who demanded a alcohol measurement was humping, etc.; and the circumstances after the crime are bad: there was no penalty force exceeding fines for drunk driving; the defendant did not occur due to the accident; the defendant's drunk driving did not occur; and the defendant appears to be in a health condition that makes it difficult to check the detention due to surgery, etc. due to severe outbreak.