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(영문) 대전지방법원 2018.08.23 2018고단1518

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2018, the Defendant, without obtaining a license for a motor device bicycle, driven BNC125 obab in the direction of alcohol concentration of 0.092% in blood while under the influence of alcohol, from the front of a restaurant cafeteria, Daejeon-gu, Daejeon-ro, Daejeon-ro 191 to the front of the road, approximately 150 meters from the 150-meter section of the BNC125 obab.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses (47 pages of investigation records);

1. Article 148-2 (2) 3, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment;

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

1. The fact that there is a number of fines for the same kind of punishment for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, and the fact that the accident occurred is disadvantageous and unfavorable, and the fact that the accident was driving, the distance of driving, or the suspension of execution or higher, and