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(영문) 대전지방법원 2017.10.17 2017고단2708
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 June 5, 2017, while under the influence of alcohol content 0.204% during blood transfusion, the Defendant driven the B1 ton cargo vehicle from around the 10km section of approximately 10km from around the day before the restaurant where the Defendant was unable to know the trade name in the Gu internal Eup in the petition at the Cheongju City to the 335 km-ro filing petition at the Cheongju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the circumstances of drivers of drinking alcohol and inquire about the results of crackdown on 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing 0-2 of Article 62-2 of the Criminal Code of the Order to Attend a lecture: The fact that drinking is likely to place a risk not only to the defendant himself but also to other persons who are in bad condition, the fact that the record of punishment due to driving of drinking in the past can be possible, the fact that the degree of alcohol concentration in the blood is very high: The confession and reflect of the crime, the fact that there was no damage caused by the crime, the fact that there was no record of punishment due to the same criminal record for the last 10 years or more, the fact that there was no family member, the fact that there was no history of punishment for the same criminal record for the last 10 years or more, the sentence shall be determined as ordered by taking into account various sentencing conditions as shown in the records, such as the defendant's age, occupation, family relationship, sex

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