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(영문) 대전지방법원 홍성지원 2020.04.07 2019고단864
도로교통법위반(음주운전)
Text

The punishment of the accused shall be set forth in six months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 19, 2019, at around 17:18, the Defendant driven a Epoter II cargo vehicle while under the influence of alcohol leveling 0.096% from the parking lot C located in Chungcheongnam-gun Hong-gun B to D front roads.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on actual condition and a report on the results of drinking control;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment shall be determined by comprehensively taking account of the fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the fact that the accused has the records of fines identical to the accused, the fact that the accused is against himself/herself and does not repeat the crime, and other various factors of sentencing, such as the age, family, and environment of the accused.

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