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(영문) 대전지방법원 공주지원 2019.08.23 2019고단200
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

On June 15, 2019, at around 02:45, the Defendant driven a breab-car under the influence of alcohol leveling of about 0.124% from the section of the lock tunnel, which is located in the one-way way (gamb-ro), lursan-gun, Cheongyangyang-gun, Seo-gu, Daejeon, to the road at approximately 200km.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (demark);

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. To choose imprisonment with prison labor in consideration of the fact that the same criminal records as the sentencing reasons in Article 62-2 of the Criminal Act were repeated two times.

However, since considerable period has elapsed from the past crime and there is room for the defendant to give the last opportunity to open, the execution of punishment is suspended.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the records and various sentencing conditions shown in the trial process, such as the defendant's age, character and conduct, environment, occupation, family relationship, etc.

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