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(영문) 대전지방법원 논산지원 2017.10.27 2017고단521
도로교통법위반(음주운전)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2017, the Defendant driven B Oba in the distance of about 2 km from the front 105 Dong-si to the 111-45 side of Seosan-si, Seosan-si, 516, to the upper 51-6 side of Seosan-si, in a state of drinking alcohol concentration of 0.354% of alcohol during blood without a motor device bicycle license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. An order to attend a lecture or an order to provide community service order under Article 62-2 of the Criminal Act, even though the defendant had been subject to punishment for the same kind of crime, there are no unfavorable circumstances, such as the fact that the defendant committed the instant crime again despite the fact that he/she had been subject to punishment, the defendant's blood alcohol concentration level at the time of driving is very high to 0.354%. However, the defendant's wrongness is not reflected, the defendant has no record of crime beyond the suspension of execution, the defendant has no record of crime beyond the suspension of execution, the defendant's age, sex, sex, environment, criminal records, criminal records, circumstances after committing the instant crime, etc., shall be determined as ordered by

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