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(영문) 대전지방법원 천안지원 2020.02.21 2019고단1610
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

On June 15, 2019, at around 21:50, the Defendant driven a e-coo vehicle while under the influence of alcohol concentration of about 500 meters at a distance of about 00 meters from the front road of the Da apartment commercial parking lot in front of the Dong-gu Seoul Metropolitan City “C” restaurant in Dong-gu B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and the control results of drinking driving;

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. 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 family of itself as well as others by raising the possibility of traffic accidents, and thus, in order to prevent this, the defendant has no choice but to bear strict responsibility for the act related thereto. The defendant also causes the accident that causes the crime of this case, even though he had been punished several times due to drinking driving, and even if he had the record of punishment, he also causes the accident that causes the shock of parking vehicles by inducing the crime of this case. Meanwhile, the defendant confessions and reflects the crime of this case, there is no excessive criminal punishment of the defendant, and there is no record of punishment of the defendant for drinking driving after 2005, and there is no record of punishment for drinking driving after 205, and the records and arguments of this case such as blood alcohol concentration.

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