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(영문) 대전지방법원 홍성지원 2019.09.11 2019고단440

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2019, at around 14:08, the Defendant driven a F rocketing car in the state of alcohol alcohol concentration of about 0.253% from the 500-meter section to the Ethy road located in the same Gun as “C” restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accidents 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. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in favor of the reasons for sentencing);

1. In principle, strict punishment is required in light of the unfavorable circumstances, such as the fact that the crime was committed with very high drinking level with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act and caused an accident, and the fact that three previous criminal records, including the record punished by imprisonment, have been committed.

However, the punishment shall be determined as ordered in consideration of the favorable circumstances, such as the reflection of the situation, the occurrence of human life damage by accident, the economic situation is not good, and the support for family.