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(영문) 대전지방법원 천안지원 2018.11.30 2018고단2651
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 October 19, 2018, around 23:09, the Defendant driven a B-hand car under the influence of alcohol concentration of 0.138% in blood while under the influence of alcohol leveling from 785:0 to 29:0,000 to the north-gu, Seo-gu, Yan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

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

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 reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures has a record of being punished several times for traffic crimes, including drinking, but the Defendant driven a motor vehicle with a high alcohol concentration in blood.

The defendant acknowledges his wrongness.

The defendant has no record of punishment after around 2004, and there is no record of punishment heavier than a fine.

In addition to these circumstances, the defendant's age, sex, environment, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.

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