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(영문) 대구지방법원 2019.11.28 2019고단5272
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 September 15, 2019, at around 04:05, the Defendant driven a rocketing car in the state of alcohol with approximately 2 km alcohol concentration of about 0.208% from the 2km section to the front road in the same city, from around the 04:05 Simsan-si, Masan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and on-site photographs;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 person obliged to attend a lecture is driving in the state of detention.

The circumstances favorable to the point that has caused an accident: The punishment as ordered shall be determined by taking into consideration the various circumstances shown in the pleadings of this case, such as the confession and reflect, the first offender, the age, character and conduct, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime.

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