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(영문) 대전지방법원 홍성지원 2020.03.03 2019고단765

도로교통법위반(음주운전)

Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2019, at around 02:06, the Defendant driven a Cwing-III truck with approximately 0.085% alcohol concentration in the 1km section from front of a restaurant where the trade name of Hongsung-gun, Hongsung-gun is unknown to the front of the B building.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and the application of Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (3) 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. The punishment shall be determined by comprehensively taking into account various factors of sentencing, such as the high need to eradicate drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the background of the crime and circumstances after the crime, and the age, criminal records (applicable to the punishment of the same kind), family members, occupation, etc. of the accused;