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(영문) 대전지방법원 2017.11.30 2017고단3943
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2017, the Defendant driven a two-wheeled automobile with approximately 500 meters alcohol concentration of approximately 0.314% from the front of the restaurant for the knives of the knives of the knish, which is located in the Seo-gu Daejeon, Seo-gu Daejeon, to the front of the dormitory for the employees of the National Bank of Korea (Doma-dong).

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A report on the detection of drivers of each main driver (No. 4, 9);

1. Statement of the circumstances of the driver involved in driving;

1. Request for appraisal or response to a request for appraisal;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

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

1. Article 62 (1) of the Suspension of Execution Criminal Act [the execution of a sentence shall be postponed by comprehensively taking into account the circumstances unfavorable to the defendant, such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime in this case, the circumstances before and after the crime, etc., and the fact that the defendant has no criminal record exceeding the fine, etc., which are favorable to the defendant, the criminal records related to drinking and the records of punishment for the crime in this case (one time and a fine for 2009) and the records of punishment for the crime in this case (a fine). The fact that the defendant's blood alcohol concentration is very high at the time of the crime in this case, and the occurrence of a traffic accident due to driving of drinking, etc., the execution of the sentence shall be suspended by comprehensively taking into account the conditions of all kinds of sentencing prescribed in Article 5

1. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act to provide community service and attend lectures;

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