(영문) 대전지방법원 2020.04.02 2019고단4846

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(영문) 대전지방법원 2020.04.02 2019고단4846

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 November 22, 2019, at around 05:30, the Defendant was under the influence of alcohol with 0.09% of the blood alcohol concentration of 0.09%, and the Defendant driven a Grandroth car from around the middle and Seo-gu Daejeon, Daejeon, to the 793 U.S., the 2km of the U.S., Seo-gu, Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The application of Acts and subordinate statutes to the notification of the results of the crackdown on drinking driving and the report on the situation of drinking drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose a penalty for the crime;

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

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

1. Although the reason for sentencing under Article 62-2 of the Criminal Act is the past in the past, the defendant again committed the crime of this case even though he had already been punished two times or more of drunk driving (one million won or more each, seven million won), there is a growing social harm to drunk driving, and there is a need for strict punishment, and favorable circumstances such as the confession of the defendant and the fact that the defendant has no criminal record other than the fine, shall be taken into account together with other favorable circumstances such as the defendant's age, character and behavior, environment, background and motive of the crime, circumstances before and after the crime, etc., and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, circumstances of the crime, before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제3항 제2호

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