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(영문) 대전지방법원 2017.10.24 2017고단3444
도로교통법위반(음주운전)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2017, the Defendant driven B vehicles under the influence of alcohol content of about 0.141% from the 1km section of approximately 1 km to the day before the restaurant is reported at the end of the Dongdong-gu Daejeon, Daejeon, Daejeon, without a driver's license, from the end of the road at the end of the same Gu Seo-gu, Daejeon to the front of the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the results of crackdown on driving alcohol;

1. Application of the Acts and subordinate statutes to the inquiry letter of driver's license;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Consideration of the grounds for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol content in the blood of this case, and the fine for each drinking driving in 2003 and 2015, etc.

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