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(영문) 대전지방법원 천안지원 2018.08.16 2018고단926
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 4, 2018, the Defendant was under the influence of alcohol level of 0.275% during blood transfusion around 23:10, the Defendant driven B-ro fluoring vehicles from the front side of the tent in the West-gu, Seoan-gu, Seoan-si to the front side of the elementary apartment site located in Asan-si, Seosan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Response to a request for appraisal;

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) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the 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. In full view of various sentencing conditions, including the following: (a) the driving of alcohol in the blood alcohol level up to 0.275% for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the driving of alcohol in the course of driving alcohol; (c) the record of punishment for the crime of drinking alcohol has already been imposed; (d) the accused's mistake is recognized; (e) there is no record of criminal punishment heavier than the fine; and (e) the accused's age, sex behavior, family relationship, motive and means of the crime; and (e) the circumstances after the crime

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