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(영문) 대전지방법원 2018.07.12 2018고단1058

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 February 20, 2018, at around 00:34, the Defendant driven a 300-meter section of D Lasta car under the influence of alcohol content of about 0.189% in blood from the day before the Busan East-gu Busan Seo-gu Pream Hospital with the same road as the Pastasi, Busan-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), and the choice of imprisonment with prison labor for criminal facts;

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

1. In consideration of the fact that a majority of the criminal records, including the reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture, the driving of drinking alcohol is repeated despite the fact that the majority of the criminal records have been committed, such as similar and four times such as driving of alcohol, and driving of drinking, etc., the defendant should be punished strictly. However, the fact that the defendant is recognized of mistake and reflects it, and other sentencing conditions recorded in the records, such as the defendant's age, sexual behavior, home environment, etc., shall be comprehensively