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(영문) 대전지방법원 서산지원 2012.11.23 2012고단794
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2012, the Defendant was under the influence of alcohol at approximately 0.13% of blood alcohol concentration on July 16, 2012, the Defendant driven Bbeu or car at approximately 3 km from the front side of the Hanpo-gu Hanpo-gu, Hanpo-gu, Hanpo-gu, Hanpo-gu, Hanpo-gu to the front side of the Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor as a matter of choice ( Consideration, such as the high blood alcohol concentration, lack of self-regulation for drinking and driving under influence, and reaching a majority of the same punishment power);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) appears to have been committed in the instant case while temporarily losing the desire for life due to the lack of desired living conditions, such as family relation and economic form, etc.). After committing the crime, the crime is likely to lead to the crime, such as scrapping of a vehicle, faithfully work on the construction site, and understanding and powering of its own circumstances, even if considering the dynamics that are likely to lead a sound life, the fact that there has been no history of punishment for drinking for the last five years, and the result of the investigation before the judgment, etc.);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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