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(영문) 대전지방법원 2017.01.25 2016고단3871
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B with low Pest Pest.

On October 9, 2016, the Defendant driven the said car at a section of about 50 meters from the street in front of the Daejeon Seo-gu, Seo-gu, with alcohol content of 0.205%, while under the influence of alcohol during blood transfusion around 01:35, the Defendant was driving the said car from around 50 meters to the street in front of the Hongcheon Industries.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Taking into account the circumstances, such as the fact that the same criminal record of a fine for the reason of sentencing under Article 62-2 of the Criminal Act and an order to provide community service and attend lectures has been several times, and the fact that the driver was causing a traffic accident while driving during

Considering the favorable circumstances that recognize crimes, reflects, and does not repeat crimes.

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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