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(영문) 대전지방법원 서산지원 2014.10.31 2014고단757
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 20, 2014, at around 20:50, the Defendant driven BM5 vehicle under the influence of alcohol by 0.21% of blood alcohol content from the 3km section of approximately 0.211% from the mar of the paper restaurant located in Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun to the mar of the same Eup/Myeonn-ri.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., even though the defendant had a record of being punished for drunk driving, the defendant again caused an accident by drinking alcohol driving in this case, and the blood alcohol concentration was very high, thereby causing the risk. The nature of the crime is not easy.

However, considering the fact that the defendant is in profoundly against the crime of this case in light of the circumstances favorable to the defendant, the punishment as ordered shall be determined in consideration of various sentencing conditions indicated in the records of this case, such as the occupation, criminal record, family relation, and economic aspects of the defendant, and the suspension of execution thereof shall be ordered to order the defendant to attend social service and compliance driving lecture.

It is so decided as per Disposition for the above reasons.

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