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(영문) 대전지방법원 2018.10.11 2017고단4932
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 22, 2017, the Defendant driven a B K5-type taxi at a section of about 300 meters from around the 300-meter radius to the spoke in front of the spoke spoke-dong in Daejeon Pungdong, under the influence of alcohol concentration of 0.21% among the blood transfusions around 21:55.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement prepared in C;

1. Traffic accident reports, reports on the results of regulating drinking driving, reports on the circumstances of drivers of drinking alcohol, investigation reports (report on the circumstances of drivers of drinking alcohol), inquiries about the results of crackdown on drinking alcohol, and application of Acts and subordinate statutes to inquire about personal reports on driving alcohol;

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. The sentencing conditions stated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under Articles 53 and 55 (1) 3 of the Criminal Act that reduce the amount of punishment, shall be determined as ordered by taking into account the following circumstances:

D. Unfavorable circumstances: The fact that he repeatedly committed the instant crime of the same kind despite the history of punishment for driving under drinking, and that it is very favorable to the high drinking value: The confession of the instant crime by the investigative agency, the fact that he/she has no record of criminal punishment exceeding fine

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