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(영문) 대전지방법원 천안지원 2018.08.24 2018고단1386
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 17, 2018, the Defendant driven B cargo at a 1km section from the front road of the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, to the front road of the Lifelong Education Center of 318-24 of the same Ri, while under the influence of alcohol content 0.210% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to notify the results of regulating 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. 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant had been punished several times prior to the instant case, and among which, the Defendant was punished for traffic-related crimes, including drinking alcohol driving.

At the time of the instant crime, the Defendant’s blood alcohol concentration was very high.

However, the defendant is against his or her will to recognize his or her mistake.

No defendant shall have been punished heavier than a fine.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.

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