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(영문) 대전지방법원 2018.03.13 2017고단4496
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 20, 2017, at around 23:20, the Defendant driven C C, while under the influence of alcohol content of 0.244% in the blood, on the roads of the new coal mine located in 807 in the new coal mine of Daejeon Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the circumstances of drinking alcohol, and inquiries about the results of regulating drinking driving;

1. Application of traffic accident reports, on-site photographs statutes;

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. Reasons for sentencing under Article 62(1) of the Criminal Act: The punishment for driving under the influence of alcohol in the past depends on four times (three times of punishment, three times of suspended sentence, one time of suspended sentence), the confession, reflectivity, the fact that the amount of damage caused by the crime is very high, the fact that the health of the defendant is not good, the fact that the driving distance is not long, and the fact that the driving distance is not long, the punishment shall be determined as set forth in the text of the disposition, comprehensively taking into account the various records such as the defendant's age, occupation, health, family relation, sex, circumstances, and the circumstances before and after the crime.

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