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(영문) 대전지방법원 공주지원 2019.03.22 2019고단36

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

At around 17:40 on February 4, 2019, the Defendant driven a Bndr vehicle under the influence of alcohol concentration of approximately 0.125% from the section of about 1km to the road located at the low-speed water level in the Cheongju-si, Goju-si, Goju-si, Goju-si, Goju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of the Act and subordinate statutes to the investigation report (demark);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Selection of imprisonment in consideration of the fact that the degree of blood alcohol level at the time of committing the crime of sentencing Article 62-2 of the Criminal Act is high at the time of the crime of sentencing, and there are two times of criminal records for the same kind, but the defendant reflects the mistake, and finally, the execution of the sentence is suspended because there is room for giving the opportunity to

In addition, the punishment shall be determined as ordered in comprehensive consideration of various sentencing conditions shown in the trial process, such as the age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, etc. of the accused.