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(영문) 대전지방법원 2017.02.22 2016고단3987
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2016, the Defendant driven a Bco-sports car in the state of alcohol alcohol content of about 0.163% at a section of approximately 1km from the distance near the Nanwon-dong of Daejeon to the roads front of the mountain market located in the same Gu and in the mountain-dong of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the circumstances of driving in the main place and the statement of the circumstances of drivers in the main place;

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

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

1. Taking into account the circumstances in which the previous convictions and fines of the same kind are three times for the reasons of sentencing under Article 62-2 of the Criminal Act of the community service order and order to attend lectures.

Considerations shall be given to the favorable circumstances that recognize, reflect, and not repeat the crime.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

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