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(영문) 대전지방법원 2019.10.10 2019고단2930
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 27, 2019, the Defendant driven B rocketing taxi in the Gu Excavation Dog-ro 816, 816, Daejeon, Daejeon, under the influence of alcohol of 0.042% of blood alcohol concentration around 23:00.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to check out the details of crackdown and the results of the drinking driving control;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s unfavorable circumstances, such as the fact that the Defendant had been punished several times for drunk driving, but again led to the instant crime; (b) the Defendant recognized the instant crime; and (c) the Defendant has no record of the same kind of crime after he/she was punished for drunk driving on around 2004; and (d) the circumstances favorable to the Defendant, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (e) comprehensively taking into account various sentencing conditions as shown in the instant pleadings

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