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(영문) 대전지방법원 공주지원 2018.07.20 2018고단206
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 8, 2018, around 20:05, the Defendant driven a cub car in B while under the influence of alcohol concentration of about 1 0.157% during blood while driving from the front line of “Abro-ro Switzerland” to the front line of “Abro-ro Switzerland” to the front line of “Embro-si Habro-si”, and “Cromo-gu Zak,” acub car in the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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. In light of the fact that an order to provide community service and attend lectures was again committed, even though they had a previous record of driving drinking twice the reasons for sentencing under Article 62-2 of the Criminal Act, a sentence of imprisonment shall be selected.

However, the execution of punishment shall be suspended only once considering the fact that considerable period has elapsed from the whole crime of this case to the crime of this case, there is no history of punishment exceeding fines, and the defendant is against the defendant, and there is room for the last opening.

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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