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(영문) 대전지방법원 2018.06.27 2018고단1312

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2018, the Defendant was under the influence of alcohol level of 0.133% during blood transfusion at around 21:29, the Defendant driven a knive motor vehicle at the section of about 3 km from the front of the gingle-dong, Seo-gu, Daejeon to the hingle-distance road located in the knish-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 a report on the circumstances of drivers at home;

1. Article 148-2 (2) and (2) 2 of the Road Traffic Act and Article 44 (1) of the same Act concerning the facts constituting an offense, the selection of punishment for imprisonment;

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

1. The fact that an order to attend a lecture has been sentenced three times to a fine due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again repeats drinking again, and that drinking is considerably high in the numerical value of drinking, etc., shall be considered as unfavorable circumstances, and that mistake is recognized and reflects it, etc., respectively, taking into account favorable circumstances, and the sentencing conditions indicated in the records, such as the defendant's age, sexual behavior, home environment, etc.