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(영문) 대전지방법원 2017.10.13 2017고단2272
도로교통법위반(음주운전)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2010, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act at the Daejeon District Court, and on December 11, 2007, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act by the same court.

On April 10, 2017, the Defendant was under the influence of alcohol content of 0.195% during blood transfusions, and from the restaurant front of the restaurant where the trade name in Seosan-dong of Daejeon is unknown, the Defendant driven a sports cargo vehicle in the 24th century in the same Gu, and proceeded with the road front of the 24th Chynam-dong of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the investigation report (related previous report and confirmation report);

1. Application of the Acts and subordinate statutes written in the response to the request for appraisal;

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. 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 grounds for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol content in the blood of this case, majority of the criminal records of the same kind, etc. are considered.

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