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(영문) 대전지방법원 천안지원 2018.03.29 2017고단2774
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 November 4, 2017, the Defendant driven a motor vehicle B at the section of about 2 km from the front side of the Egyp cafeteria cafeteria located in the northwest-gu, Seoan-gu, Seoan-gu, Seoan-si to the front side of the apartment complex, with alcohol concentration of 0.230% in alcohol level among blood transfusion around 12:40%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the detection of drinking drivers control;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has already been sentenced to punishment for drinking alcohol more than four times, including a suspended sentence of two times, and again commits the instant crime. However, the Defendant’s mistake is contrary to the recognition of the Defendant’s mistake, the Defendant has no record of being punished for drinking alcohol driving since 2008, and other various sentencing conditions such as the Defendant’s age, sex behavior, motive and means of the crime, and the circumstances after the crime shall be determined as ordered by the disposition.

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