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(영문) 대전지방법원 공주지원 2018.06.08 2018고단124
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 March 13, 2018, at around 00:03, the Defendant driven a B Sti-type car under the influence of alcohol content of approximately 0.102% from the center located in the same Ri to the center located in the same Ri, from around 500 meters to the 100th road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is not that of an order to attend a lecture, and the sentence of imprisonment is chosen because the circumstances and results of the crime are not good if considered.

However, the execution of punishment is suspended considering the fact that there is no criminal record exceeding the same criminal record or fine, and that there is still room for the change of the punishment because the defendant is against his/her will.

In addition, the defendant's age, sex, environment, occupation, family relationship, etc. and various sentencing conditions shown in the trial process shall be comprehensively considered, and the punishment shall be determined as ordered.

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