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(영문) 대전지방법원 공주지원 2017.12.15 2017고단363
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 September 1, 2017, the Defendant driven at around 22:08, B1 ton cargo vehicles in the state of alcohol 0.326% in blood alcohol concentration from the front side of tending tending transplant, which is located in the light adjustment of the front side of Sinju City, to the front side of the same 3km 1-1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. A traffic accident report (1) (2) (the survey report), inquiry into the results of crackdown on drinking driving, the details of crackdown, and the statement of the situation of the driver in charge;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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 reasons for sentencing under Article 62-2 of the Criminal Act include a number of criminal records of the same kind, causing traffic accidents, and choice of imprisonment.

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

In this context, the defendant's age, sex, family environment, alcohol concentration in blood, frequency and frequency of drinking driving, circumstances after committing a crime, etc. shall be determined in consideration of various circumstances such as the defendant's age, sex, family environment, and blood alcohol concentration, frequency and frequency of drinking driving, circumstances after committing

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