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(영문) 대전지방법원 2013.07.26 2013고단1968
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 May 6, 2013, at around 20:25, the Defendant driven a Category C New-burd EX (XD) car with approximately 450 meters alcohol level around 0.165% while under the influence of alcohol from the road in front of the Cheongdong-ri, Sejong Special Self-Governing City to the road in front of the green industry located in the same Ri at around 20:35 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the ledger of drinking drivers, reports on the state of his/her oral statement, and records of using drinking instruments;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act include the defendant's mistake, but the same kind of crime is repeated in violation of the Road Traffic Act, and the defendant's age, character and conduct, intelligence and environment, motive, means and result of the crime, and the circumstances after the crime are committed shall be determined as ordered by taking into comprehensive account the various sentencing conditions specified in the arguments in the instant case.

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