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(영문) 대전지방법원 2017.07.12 2017고단1725
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 April 13, 2017, at around 22:20, the Defendant driven a B Sti-type car under the influence of alcohol content of about 1k from a section of approximately 0.209% of alcohol content among blood, from the front of a mutually unclaimed restaurant located in the Seo-gu Daejeon Seo-gu, Daejeon to the front of the Dorash-dong, Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

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

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

1. In light of the fact that an order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act was issued twice a fine due to driving under the influence of alcohol, and that the previous offense was committed once a suspended sentence, it is necessary to strictly punish the order.

However, considering that the defendant's mistake is divided and reflected, the fact that a considerable time has elapsed from the date of the last crime, etc., the punishment shall be determined as ordered in consideration of the defendant's age, sexual behavior, environment, etc., and all of the sentencing conditions specified in the arguments in this case.

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