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(영문) 대전지방법원 논산지원 2016.07.19 2016고단230

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 May 24, 2016, the Defendant driven a B car under the influence of alcohol content concentration of 0.254% from the 5km section of 5km away from the Cheongsan-si's adjacent road in Seosan-si, Seosan-si to the front road of the apartment site in the same city-to-si.

Summary of Evidence

1. Statement by the defendant in court;

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 Acts and subordinate statutes to a report of investigation (inward No. 8 of investigation records);

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

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

1. Although the defendant was punished for the reason of sentencing under Article 62-2 of the Criminal Act, it is necessary to strictly punish the instant crime in that he/she again commits the instant crime, even though he/she was punished for the same crime.

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of the instant case, such as the fact that the Defendant is against the mistake, the blood alcohol concentration (0.254%) at the time of driving, and the age, sex, environment, criminal records, criminal records, and the circumstances after the crime.