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(영문) 대전지방법원 2016.04.11 2016고단104
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 November 19, 2015, the Defendant driven a C-car under the influence of alcohol content of about 12 km from the front of the restaurant in which the name located in the B-dong, Daejeon-gu, Daejeon-gu, could not be known, to the front of the restaurant, while driving the C-car under the influence of alcohol content of about 0.130% during blood, from the front of the restaurant in which the name located in the B-dong, Daejeon-gu, Daejeon-gu, is not known.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking, the statement of the situation of the driver under driving of drinking, and the application of statutes to inquire about the results of regulating driving of drinking;

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. In light of the fact that an order to provide community service and attend lectures was served three times a fine due to a violation of the Road Traffic Act (drinking driving) with reason for sentencing under Article 62-2 of the Criminal Act, it is necessary to strictly punish the instant crime.

However, considering the fact that there is no criminal record of the suspension of execution or more, family members to be supported, etc., the punishment shall be determined as ordered in consideration of the age, sexual behavior, environment, etc. of the defendant, and the conditions of sentencing as shown in the argument of this case.

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