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(영문) 대전지방법원 천안지원 2019.04.26 2019고단239
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person who is engaged in driving of Bchip motor vehicles.

On January 22, 2019, at around 18:28, the Defendant driven a motor vehicle under the influence of alcohol leveling 0.092% of blood alcohol level from the front of a restaurant located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Seoul to the front of the same Si/dong-gu E.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is a very dangerous crime that may cause unexpected behaviors to the life and home of others by raising the possibility of traffic accidents, and thus, in order to prevent this, a heavy liability is imposed on the act related thereto. The defendant caused an accident that contacts buses under the state of drinking driving in this case, the defendant committed the crime in this case even though he had the record of punishment several times due to drinking driving, and the defendant committed the crime in this case. Meanwhile, the defendant led to the confession of and reflect against the crime in this case, there is no criminal punishment against the defendant after 2003, and other circumstances revealed in the records and arguments such as blood alcohol concentration.

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