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(영문) 대전지방법원 2016.11.29 2016고단2798
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 June 28, 2016, from around 23:00 to 00:04 on June 29, 2016, the Defendant driven a C physical-person car owned by her husband in the state of under the influence of alcohol alcohol concentration of about 15 km from the front of a restaurant in the mutual and aesthetic part of the city of Sejong-si, Sejong-si, to the higher level from the end of the cafeteria-si, Sejong-si.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (a counter-investigation of a reporter);

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is one time of crime of drinking alcohol, the fact that there is a significant high drinking alcohol level, the fact that there is a traffic accident while driving a drinking alcohol: The confession and reflectness, and the fact that there is a history of fine for about four years, which is the power of driving a drinking alcohol, the decision of sentencing that is the power of a fine not less than four years prior to the above circumstances: Other factors such as the above, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime

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