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(영문) 대전지방법원 공주지원 2015.09.11 2015고단207
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 27, 2015, at around 02:19, the Defendant driven C’s nownsan No. Madsan No. 33% under the influence of alcohol level 0.203% in the 2km section from the front side of 'Madernin' to the front side of 'Madernin' in the upper side of Madern Madern Madern Madern Madern Ma.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the circumstantial statement of a drinking driver, and the details of control;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Act on Probation, etc. lies in having the record of criminal punishment of a fine on three occasions due to refusal of drinking alcohol measurement, drunk driving, or unlicensed driving in the past, and there is also a record of serving a suspended sentence of imprisonment for any other crime.

Nevertheless, the Defendant caused danger to road traffic safety by driving a wheel with the front wheels and the between the two parties in open state.

In light of the criminal history of the defendant and the nature of the crime of this case, it is inevitable to select imprisonment with prison labor for the defendant.

It is so decided as per Disposition in consideration of the above circumstances, the fact that the defendant is led to confession and reflect, the fact that the defendant does not drive a drunk again, such as selling the vehicle, etc., the age, occupation, circumstances of the defendant, and the circumstances after the crime.

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