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(영문) 대전지방법원 논산지원 2017.03.17 2016고단651
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 December 2, 2016, at around 20:05, the Defendant driven a Bchip car owned by the Defendant under the influence of alcohol concentration of approximately 0.096% from a 400-meter section from the roads in front of the Korean industry, which is located in the Bansan-si, Seosan-si to the roads in front of the Gab real estate located in Seosan-si.

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 (the investigation records No. 5, 6 pages);

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 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 of the Order to Attend a lecture does not pass from the time the defendant was found guilty of violating the Road Traffic Act, and thereby again commits the crime of this case, and the defendant's blood alcohol concentration level reaches 0.096%, and the defendant's age, environment, attitudes, criminal records, criminal records, circumstances after the crime, and all of the sentencing conditions indicated in the arguments of this case, such as the defendant's age, attitude, criminal records, criminal records, circumstances after the crime, etc., shall be determined as ordered by the order.

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