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(영문) 대전지방법원 2016.08.10 2016고단1499
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 5, 2016, at around 03:50, the Defendant driven BMW car under the influence of alcohol content of 0.117% while under the influence of alcohol at around 0.17%, from the mar in front of an unclaimed restaurant to the marc intersection in the middle of Sejong Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, the statement of the circumstances of the driver of drinking alcohol, and the application of Acts and subordinate statutes reporting the situation of driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

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

1. An order to attend a lecture under Article 62-2 of the Criminal Act is an unfavorable circumstance, such as the one-time criminal record of a fine due to driving under the influence of alcohol, and the one-time criminal record of a fine due to the refusal of drinking alcohol measurement.

The fact that the defendant is recognized as committing a crime and is against the law, and that there are no criminal records of suspended execution or more are favorable circumstances.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

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