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(영문) 대전지방법원 2017.11.23 2017고단3944
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 September 21, 2017, at around 22:50, the Defendant driven a “fluorial vehicle” from the front of the “fluorial cafeteria,” which is located in the Sung-dong, to the 5-dong 503-dong underground parking lots located in the same city-style new CD-dong, with approximately 1km alcohol content of approximately 0.225% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (main driver's regular report);

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

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Act on the Suspension of Execution [The execution of a sentence shall be postponed by comprehensively taking into account the circumstances unfavorable to the defendant, such as the following: (a) the defendant is under the time of committing the instant crime; (b) the defendant has no criminal record exceeding the fine (one time); and (c) the occurrence of a traffic accident resulting from the instant crime; (d) the defendant has criminal records (one time and one year fines) concerning drinking driving; and (e) the fact that the blood alcohol concentration in the instant crime was high at the time of committing the instant crime; and (e) the fact that the blood alcohol concentration in the instant case was high, etc. at the time of committing the instant crime, other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the records of the instant case and the circumstances before and after the instant crime, etc.

1. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act to provide community service and attend lectures;

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