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(영문) 대전지방법원 2017.03.22 2016고단4404
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 October 14, 2016, at around 22:10, the Defendant driven a B Trate car with alcohol content of 0.201% while under the influence of alcohol from a section of approximately 100 meters in front of the 'NGGGGGGGGR’ to the street.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition of traffic accidents (1), and (2);

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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 Criminal Act on the suspended execution;

1. An order to provide community service and attend lectures shall take into account the following circumstances into account: (a) the previous conviction of a fine of the same kind for sentencing under Article 62-2 of the Criminal Act is three times; and (b) the fact that the driver was causing a traffic accident

Considering the favorable circumstances that recognize crimes, reflects, and does not repeat crimes.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

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