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(영문) 대전지방법원 2018.05.17 2018고단567
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 February 4, 2018, while the Defendant was under the influence of alcohol content of 0.15% during blood transfusion, the Defendant driven Dworka car at the section of approximately 200 meters from the frontway of the Daejeon Pungdong to the fourth distance of the virtue name 692 at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. It is disadvantageous to the defendant for the reason of sentencing under Article 62-2 of the Criminal Act that he/she has the same criminal records (the punishment of a fine due to driving under influence in 2002, the punishment of a fine due to driving under influence in 2003, the suspension of execution due to driving under influence in 204, and the fine due to refusal to measure drinking in 2015).

However, considering that it is a long-term criminal history, it is considered that drinking driving distance and the reflect of the accused.

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