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(영문) 대전지방법원 공주지원 2018.08.17 2018고단280
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2018, at around 18:11, the Defendant: one agricultural cooperative located in the Doro-si, Doro-si, one of the U.S. roads from the Ro-maart to the front road of the Defendant’s house located in B, and C was under the influence of alcohol concentration of about 1.5 km at approximately 0.185% in blood, and driven the said cargo vehicle with the freight lane owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of the Act and subordinate statutes to the investigation report (applicable to suspect mark);

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. To select imprisonment with prison labor, taking into account the fact that the blood alcohol concentration at the time of committing the crime for sentencing under Article 62-2 of the Criminal Act was significantly high and that the person committed a second offense in the short term despite the record of punishment once for the same kind of crime;

However, the execution of punishment is suspended in consideration of the fact that there is room for the last opening because the defendant's mistake is against the defendant.

In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.

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