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(영문) 대전지방법원 2017.08.09 2017고단1771
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

On March 17, 2017, while under the influence of alcohol leveling 0.185% among blood transfusion, the Defendant driven a car of 1km from around 1 km to the luminous apartment road located in the same Gu, from the trade name in front of the unclaimed restaurant in Daejeon Jung-gu to the luminous apartment located in the same Gu, under the influence of alcohol leveling 0.185%.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act: (a) the instant crime was committed without being aware of the occurrence of a drinking traffic accident on January 12, 2017; (b) the degree of alcohol concentration in blood at the time of the instant case was considerably high and the occurrence of a traffic accident is considered disadvantageously.

In addition to the two-time fines, consideration shall be given in favor of the fact that there is no other penalty history.

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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