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(영문) 대전지방법원 홍성지원 2019.07.09 2019고단284

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2019, at around 22:40, the Defendant driven a motor vehicle in FModern Arash with approximately 5km alcohol concentration 0.117% under the influence of alcohol without obtaining a driver’s license from the front of the C cafeteria located in Chungcheongnam-gun Hong-gun B to the front of the Ematetete in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of the statutes on the register of driver's licenses;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the defendant’s age, character and conduct, environment, circumstances before and after the crime of this case, and the background of the crime.

A favorable circumstances: The defendant's mistake and reflects against his/her will: The fact that the defendant was sentenced to a fine of a higher amount due to his/her refusal to measure drinking around 2017 and his/her license was revoked, and the fact that he/she was punished for drinking without a license of this case was more than twice (202, 2004, 204), and that he/she had a high blood alcohol concentration.