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(영문) 대전지방법원 천안지원 2018.03.29 2017고단2897
도로교통법위반(음주운전)
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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

[criminal history] On July 23, 2010, the Defendant was sentenced to a fine of 4 million won due to a violation of road traffic law in the support of the Daejeon District Court on July 23, 2010, and on October 26, 2006, the Defendant was sentenced to a suspended sentence of 10 months for a crime of violating road traffic law (dacting driving) in the same court.

[Criminal facts] On August 26, 2017, the Defendant driven a B-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-h-h-k-k-k-k-k-k-

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notice of the result of crackdown on driving drinking;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 punished as a crime of drinking alcohol over several occasions, and the alcohol level at the time of driving the drinking of this case was 0.207% or less: Provided, That the Defendant’s wrong recognition is against the Defendant, the Defendant’s treatment of alcohol addiction after the instant case is being treated, and the Defendant’s age, sex behavior, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc. are considered as a whole, and the sentence is determined as per the order.

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