(영문) 대전지방법원 2018.04.12 2018고단355

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Reasons

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줄 간격

자간(%)

(영문) 대전지방법원 2018.04.12 2018고단355

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2017, the Defendant driven a Cran-car under the influence of alcohol content of about 7.8 km from the front of the cafeteria, the “Sule-ro,” located in the Seo-gu Seoul Metropolitan City, Seo-gu, Daejeon, to the front of the yellowhouse distance located in the Dong-gu, Seo-gu, Seo-gu, Daejeon to approximately 7.8 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to inquire about the occurrence of the case, on-site photographs, the list of 112 reported cases, the notification of the result of regulating drinking driving, the statement of the situation of the driver under the influence of alcohol, the investigation report (report on the circumstances of the driver under the influence of alcohol), and the

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after crimes, shall be determined as ordered by considering the observation of protection and the order of community service, the order of education, the reasons for sentencing under Article 62-2 of the Criminal Act, and other conditions of sentencing as stated in the records.

D. Unfavorable circumstances: The fact that he/she committed the crime of this case, the fact that he/she committed the crime of this case, the fact that drinking value is considerably high, the normal situation that the distance of drinking driving is less favorable: confession and reflect: the fact that he/she has no record of criminal punishment more than the suspension of execution, the fact that he/she has no record

참조조문

-형법 제62조 제1항

-형법 제62조의2

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