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(영문) 대전지방법원 홍성지원 2018.10.24 2018고단592
도로교통법위반(음주운전)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2018, at around 03:25, the Defendant driven a B-learning car under the influence of alcohol content of approximately 0.199% in blood, on the front of the “Seoul National Assembly,” located in the 303-6 Madern-ro 14, Jinsan-ro, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul National University.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (if any) and a scene photograph of regulation;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances considered as the reasons for sentencing shall be considered):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is relatively relatively recent, but the same is a high drinking level despite the previous conviction of drinking or the previous conviction of refusing to measure drinking, so it is in principle necessary to make a strict punishment.

However, the punishment shall be determined like the order in consideration of the favorable circumstances, such as the reflection of the crime, the fact that there is no accident due to the crime, the fact that social relation is clear, the support for family, including elementary school students' children, the economic situation is not good, the fact that there is no record of punishment exceeding the fine.

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