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(영문) 대전지방법원 2017.09.06 2017고단2422
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 15, 2017, at around 00:25, the Defendant driven a balp motor vehicle with approximately 50 meters alcohol content from around 00:24, around the same day, to the roads in front of the said Korea Water Resources Corporation, at around 00:24, around the same day, at around 00:25, while under the influence of alcohol content of at least 0.211%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Photographs at the time of dispatch;

1. Application of enforcement manual statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Three times the records of the crime of drinking alcohol driving, the circumstances favorable to the very high drinking volume of this case’s drinking alcohol: The confession and reflection are made, and all the records of the crime of driving alcohol driving are the records of fines and the records of the final crime committed prior to about ten years;

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