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(영문) 대전지방법원 서산지원 2015.04.29 2015고단37
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 12, 2015, at around 00:40, the Defendant driven a C Car under the influence of alcohol by 0.121% of blood alcohol concentration from the 1km section to the front side of the same Ri-U.S. apartment (B) in the trade name and the front side of the Seosan-si, Seosan-si, Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act, Article 59 of the Probation Act, the fact that the defendant, for reasons of sentencing of Article 62-2 of the Act on community service and lecture attendance order, has seven times (two times in actual sentence and five times in fine) but has been punished for driving without a license or drinking, is that the defendant's re-driving is disadvantageous to the defendant, and that the defendant is against the wrongness, and that there is no same sentence after having been sentenced in 202.

In addition, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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