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(영문) 대전지방법원 천안지원 2017.09.27 2017고단1578
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 June 10, 2017, around 18:38, the Defendant driven a Austria car in the state of under the influence of alcohol content of about 0.212% from the 1km section from the front of the Ggamba-ro 117, Asan-si, Asan-ro, 117, to the front of the Ggamba-ro 67, Ansiba-ro, Asan-si, Asiba-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a survey report on actual condition, a traffic accident report, an accident site photograph, notification of the results of crackdown on driving drinking, inquiry into the results of crackdown on drinking driving, and the application of statutes to a statement report on the

1. Relevant Article of the Act and Articles 148-2 (2) 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 reason for sentencing Article 62-2 of the Criminal Act, even though the defendant was punished once by drinking alcohol driving in the past, has committed the instant crime.

The amount of alcohol concentration among the blood measured is very high to 0.212%.

However, the defendant recognizes his mistake and is against his will.

No person shall be subject to criminal punishment, except once a fine is imposed.

In addition to this, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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