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(영문) 대전지방법원 서산지원 2015.04.29 2015고단25
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 November 18, 2014, at around 06:35, the Defendant driven C EXF car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.130% from the Hanjin-gu, Hanjin-gu to the front route of the Hanjin-gu, Hanjin-gu to the Hanjin-gu.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The fact that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, has been punished for driving under influence without a license or drinking under the influence of alcohol (two times of fine, one time of suspended sentence, one time of suspended sentence) is the circumstances unfavorable to the defendant, and the fact that the defendant is against the mistake, and that there is no previous conviction after the sentence was sentenced in the year 2010 is the circumstances favorable to the defendant.

In addition, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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