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(영문) 대전지방법원 공주지원 2017.07.21 2017고단87

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

[criminal history] On January 30, 2007, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law (drinking) in the support of the Daejeon District Court on January 30, 2007. On August 30, 2010, the Defendant was sentenced to a fine of two hundred and fifty thousand won for a violation of road traffic law (drinking) in the official support of the Daejeon District Court.

[Criminal facts] On March 25, 2017, the Defendant driven Bsch IS 250 vehicles under the influence of alcohol at approximately 0.120% from the 20-meter section of alcohol during the blood alcohol to the 16-1st road of the same 20 meters from the mutual aesthetic road located at 16-10, 16-1, a day before the new ropo-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of control, statement of the situation of a driver driving, notification of the results of crackdown on the driving of drinking, inquiry of the results of crackdown on the driving of drinking, and report on the situation of driving of drinking;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (report on confirmation of the same type of force), and application of two copies of the judgment to two Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The Defendant, for the reason of sentencing Article 62-2 of the Criminal Act, has the same criminal records and the alcohol concentration in blood is high, choice of imprisonment with labor.

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

In this regard, the defendant's age, sex, frequency and frequency of drinking driving, circumstances of the crime, and circumstances after the crime are considered and judged as ordered.