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(영문) 대전지방법원 공주지원 2018.08.24 2018고단310
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2018, the Defendant driven a BM520 vehicle under the influence of alcohol level of 0.136% at a distance of about 7 km from the vicinity of the wall of Cheongyang-gun, Chungcheongnam-gu, Chungcheongnamyang-gun to the same military impulse 585-7, and from around the bus stop to the front of the bus stop.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of the Act and subordinate statutes to the investigation report (the application of the above dmark);

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. In light of the fact that an order to provide community service and attend lectures was again committed, even though they had a previous record of driving drinking twice the reasons for sentencing under Article 62-2 of the Criminal Act, a sentence of imprisonment shall be selected.

However, in consideration of the fact that considerable period of time has elapsed from the crime of this case to the crime of this case, and the defendant is against the defendant, the execution of punishment of this case shall be suspended at once.

In addition, the punishment shall be determined as ordered by comprehensively considering the records of this case, such as the defendant's age, sex, environment, occupation, etc., and various sentencing conditions shown in the trial process.

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