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(영문) 대전지방법원 홍성지원 2018.12.18 2018고단752
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 8, 2007, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law in the Hongsung Branch of the Daejeon District Court, and was sentenced to a suspended sentence of two years for the same offense in the same court on May 28, 2009.

【Defendant Inasmuch as the above person was punished as a crime of violating the Traffic Act on the road at least two occasions, Defendant 1 driven a motor bicycle with approximately 200 meters alcohol concentration in the section of approximately 0.124% from the front of the regional police station budget in the budget-based budget-based budget-based city around September 8, 2018 to the front of the budget-based city of the budget police station in the same Ri, without obtaining a motor bicycle license for a motor device under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In full view of the following circumstances under the protection and observation and the reasons for sentencing under Article 62-2 of the Social Service Order Act, and the Defendant’s age, sex, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of the crime, etc., the sentence as ordered shall be determined.

favorable circumstances: The defendant's mistake and reflects his fault, and the defendant's relatively low risk;

The unfavorable circumstances that are the case of operating a motor device that can be used for drinking a bicycle: The fact that there is a number of records of force punished for driving under drinking, and that there is a high alcohol concentration in blood.

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