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(영문) 대전지방법원 천안지원 2018.03.30 2017고단2453
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal record] On July 29, 2010, the Defendant was sentenced to a disposition of juvenile protection by a branch office of the Daejeon District Court of the Daejeon District Court for a violation of road traffic law, etc., and was sentenced to a suspended sentence of one year on September 18, 2014 due to a violation of road traffic law (dacting driving) in the astronomical branch office of the Daejeon District Court of the Daejeon District Court of the Daejeon District.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act more than twice, Defendant 2 driven BS-type car under the influence of alcohol content of approximately 0.09% from the 2km section from the 2km section of the sports ground distance in the same Gu to the roads in front of the sports ground distance in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of crackdown on the driving of drinking and a statement in the circumstances of the driver;

1. On-site photographs;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

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

1. In light of the risk of driving alcohol on the grounds of sentencing under Article 62-2 of the Criminal Act and the degree of alcohol concentration in the blood of this case, the Defendant was subject to a disposition of juvenile protection transfer around July 2010, the Defendant committed the instant crime even if he was punished on or around September 2014, and the Defendant led to the instant crime; on the other hand, the Defendant led to the confession of and reflect against the instant crime; and on the other hand, the Defendant did not have any particular criminal history prior to the instant case, taking into account all other circumstances revealed in the records and the theory of changes, such as the fact that the instant crime was committed on or around July 2010.

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