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(영문) 대전지방법원 홍성지원 2019.09.04 2019고단392

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 May 22, 2019, at around 21:25, the Defendant driven a e-manufactured car with approximately 600 meters alcohol concentration at approximately 0.210% while under the influence of alcohol from the 600-meter section to the front road of the D Office located in C from the day before the D Office located in C.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (1) (2) (2) (2) (2) (2) and on-site photographs;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances that are considered as the reasons for sentencing as follows);

1. The fact that there is a criminal record of the same kind of sentencing in Article 62-2 of the Social Service Order Criminal Act, the fact that the crime was committed with high drinking water, and the result of the crime causes the accident, etc. is disadvantageous.

The punishment shall be determined like the order, taking into consideration the favorable circumstances such as the violation of this, the fact that there is no previous conviction exceeding the fine, and the fact that the economic situation is not good.