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(영문) 대전지방법원 2016.12.07 2016고단3083
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 2, 2016, at around 15:30 on August 2, 2016, the Defendant driven a vehicle owned by Cone Starex 6-line, while under the influence of alcohol 0.301% of alcohol content, from the day near the new apartment road in the Dong-dong Daejeon-dong to the same in front of the same remote area located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that an accident occurs while driving under drinking alcohol, the fact that one of the criminal records for driving under drinking alcohol exists, the circumstances favorable to the very high drinking water: The confession and reflectness, and the fact that it is the record of fine for the above criminal records;

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