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(영문) 대전지방법원 논산지원 2019.11.26 2019고단439

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 21, 2019, at around 22:30, the Defendant driven a F-motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.177% without obtaining a driving license from a vehicle driving license in approximately 800 meters from the front of convenience store C in Chungcheongnam-gun, Chungcheongnam-do to the front of the E-mail located in D.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to any inquiry about the control of drinking driving;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The primary offender is the most favorable condition for sentencing: the fact that the defendant has been present and voluntarily surrenders to the police district after obtaining the roadside trees while driving alcohol; and the defendant's age, character and behavior, environment, criminal records, criminal records, circumstances after committing the crime, and all other sentencing conditions specified in the arguments of this case, including the defendant's age, character and behavior, environment, criminal records, criminal records, circumstances after committing the crime, shall be