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(영문) 대전지방법원 천안지원 2014.09.18 2014고단796

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 29, 2014, at around 07:07, the Defendant driven a B SP car with alcohol level of 0.253% under the influence of alcohol level of 0.253% from the pre-road of a non-permanent restaurant located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, to the pre-road of a food restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to a report on detection of a drinking driver, a statement of the status of a drinking driver, and the ledger of use of a drinking measuring instrument;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. Although the nature of the crime is not somewhat weak in that the defendant, who had been already subject to juvenile protective disposition twice due to a crime similar to the crime in this case on the grounds of sentencing under Article 62(1) of the Criminal Act, has caused traffic accidents while driving in drinking condition, he/she shall be sentenced to the same punishment as the order in consideration of the fact that the defendant has led to a confession of the crime and has no record of criminal punishment except the above juvenile protective disposition, and all the factors of sentencing under Article 51 of the Criminal Act such as the age, occupation, family relationship of the defendant, etc.