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(영문) 대전지방법원 2021.02.05 2020고단5024
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2020, around 03:55, the Defendant driven an E 3-car under the influence of alcohol with approximately 600 meters alcohol concentration of 0.290% from the 600-meter section to the front road of the Daejeon U.S. D apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 Report handling table, report on the circumstances of driving at drinking, inquiry of the results of crackdown on driving at drinking, report on the circumstances of the driver at drinking, investigation report (report on the circumstances of the driver at drinking), application of Acts and subordinate statutes notifying the results of crackdown on driving at drinking;

1. The provision of Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend lectures was 0.290% of the alcohol concentration of the defendant's blood at the time of the instant case: Provided, That the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the records, such as the defendant's age, sexual behavior, environment, etc.

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