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(영문) 대전지방법원 2019.11.29 2019고단3885
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 23, 2019, at around 22:10, the Defendant driven D freight vehicles with approximately 500 meters alcohol concentration 0.125% from the front of a restaurant under the mutual incomponent law Dong-gu Daejeon, Daejeon to the front of C in the same Gu from around 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Investigation reports, notification of the results of the drinking driving regulation, inquiry into the results thereof, report on the circumstantial statements of a drinking driver, and application of Acts and subordinate statutes governing enforcement;

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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the danger and seriousness of harmful effects of a drunk driving, the degree of blood alcohol concentration at the time, and the history of punishment for a drunk driving two times, the liability for the crime was unfluencing, the depth of the mistake, the distance of operation was relatively short, and the accident did not occur frequently, and the circumstances favorable to the defendant, such as the circumstances in which 15 years have no record of punishment for a drunk driving after the previous criminal records, have no record of driving)

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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