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(영문) 대전지방법원 2018.09.13 2018고단2649
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 May 31, 2018, at around 20:00, the Defendant driven a Fystren car with about 100 meters alcohol concentration from the section of approximately 00 meters from the front of the D coffee shop to the front of the Defendant’s house located in Daejeon Tae-gu E, Daejeon, while under the influence of alcohol content of 0.187%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, the notification of the results of regulating drinking driving, the statement of the situation of the driver placed at drinking, the investigation report (the circumstantial report of the driver placed at drinking), and the investigation report (the details

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

D. Unfavorable circumstances: The fact that he/she committed the crime of this case even though he/she had the record of punishment due to drinking driving, the fact that he/she committed the crime of this case again, the fact that he/she made a confession and reflects the fact that he/she has no record of criminal punishment more

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