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(영문) 대전지방법원 공주지원 2019.02.01 2018고단490
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 September 7, 2018, at around 22:44, the Defendant driven a B-hand car under the influence of alcohol content of about 10km from the front side of a mutually aesthetic restaurant located in the address of the Daejeon Seo-gu and below, to the Daejeon Seo-do Toluth, the Defendant driven a B-hand car under the influence of alcohol content of about 0.091% from the section of about 10km to the Daejeon B-Toluth.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Article 148-2(2)3 of the relevant Act and Article 148-2(2)3 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime

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

1. The Defendant, on July 2018, was found to have refused to measure drinking around July 2018, and committed the instant crime at the time when the investigation procedure was in progress, which did not go beyond 50 days.

Considering the period up to recidivism, the sentence of a fine is difficult to be considered an appropriate means for the correction of the accused and thus, choice of imprisonment is difficult.

Finally, in order to give the defendant an opportunity to repent, the execution of the sentence shall be suspended, and the sentence shall be determined as ordered in consideration of the records of the defendant's age, character and conduct, environment, occupation, family relation, and various sentencing conditions shown in the trial process.

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