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(영문) 대전지방법원 논산지원 2019.10.22 2019고단371
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Force】 On September 11, 2018, the Defendant was sentenced to a suspended sentence of three years for committing a crime of violating the Child Welfare Act in the Daejeon District Court Branch of the Daejeon District Court, but the suspended sentence is revoked and is still serving in prison.

(1) On May 1, 2019, at around 11:30, the Defendant driven C-7 car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.202% from the 2km section from the parking lot B in Chungcheongnam-si, Chungcheongnam-si to the roads adjacent to the E-Maamsan Probation Office located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Circumstances unfavorable to the reasons for sentencing of imprisonment under Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); the person committed the instant crime during the suspended execution period; the fact that the person committed the instant crime during the suspended execution period, the fact that the blood alcohol concentration is very favorable: The defendant’s age, character and behavior, environment, criminal records, criminal records, circumstances after the commission of the instant crime, and all the sentencing conditions indicated in the instant pleadings are considered to reflect his/her mistake; and the sentence shall be determined as ordered in consideration of all the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and behavior, circumstances, criminal records, and circumstances after the commission of the instant crime.

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