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(영문) 대전지방법원 2018.09.28 2018고단1858
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On 05. 27. 27. 05:00, the Defendant driven B horseb car from around 3 kilometers of approximately 164-1 (Yancheon-dong) to the front road of the Daejeon Jung-dong Park Park, Daejeon-dong, with alcohol level of 0.093% in alcohol level from around 05:00. The Defendant driven B horseb car from around 3 kilometers of approximately 164-1 (Yancheon-dong) to the front road of the agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. D's self-written statements;

1. The application of Acts and subordinate statutes to a survey report on actual conditions, notification of the results of regulating drinking driving, and the statement report on the circumstances of drivers of drinking;

1. Relevant legal provisions and Articles 148-2 (2) 3 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions that are favorable to the fact that a drinking driver has been subject to punishment twice due to driving without a license even before, and that there are no records and arguments, such as the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., shall be determined by taking into account the following circumstances:

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