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(영문) 대전지방법원 2018.01.18 2017고단4556
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 17, 2017, the Defendant driven a C-wing and freight vehicle at approximately 10 kilometers in the section of 10 kilometers from the Gongmar-ri to the sprinking intersection in the south of the gold in the city of Sejong, while under the influence of alcohol content 0.137% among the blood transfusion around 14:20.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an investigation report, notification of the results of regulating the driving of drinking alcohol, a statement of the situation of the driver of drinking alcohol, an investigation report (report on the circumstances of the driver of drinking alcohol), and inquiry of the results

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after crimes, shall be determined as ordered by considering the observation of protection and the order of community service, the order of education, the reasons for sentencing under Article 62-2 of the Criminal Act, and other conditions of sentencing as stated in the records.

Unfavorable circumstances: The fact that he/she committed the instant crime even if he/she had been punished twice for the same crime, and again commits the instant crime, significantly high drinking level at the time of the commission of the crime, and that the distance of drinking driving is more favorable: The confession and is against it: The recent 10 years, there is no other criminal punishment except for the same crime that has been punished once for the same crime, the prevention of recurrence is done, and there is a family member to support.

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