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(영문) 대전지방법원 천안지원 2017.06.09 2017고단765
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 5, 2007, the Defendant was sentenced to a suspended sentence of 4 months due to a violation of road traffic law in the Daejeon District Court's branch of the Daejeon District Court, and was sentenced to a suspended sentence of 6 months due to a violation of road traffic law in the same court on April 22, 2010. On September 6, 2013, the Defendant was sentenced to a suspended sentence of 6 months due to a violation of road traffic law.

On March 27, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 1k from approximately 0.150% in the 1km section of approximately 1k to Jincheon-gun, Yacheon-gun, Yacheon-gun, Yacheon-si, Yacheon-si, Yacheon-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. References to inquiries, such as criminal history, provision of summary orders, and application of part IV of the judgment;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 62-2 of the same Act, despite the fact that the defendant committed the crime of this case more than twice, the alcohol concentration in blood at the time of committing the crime of this case is significant, criminal punishment records, recognition of the crime, and in depth, it appears that he/she would not repeat the crime, such as selling a vehicle, etc., by reporting his/her own crime and selling a vehicle, the fact that he/she did not cause any traffic accident, and other various circumstances shown in the trial of this case, including the defendant's age, sex behavior, environment, and the process of committing the crime, shall be determined as ordered.

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