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(영문) 대전지방법원 서산지원 2021.01.13 2020고단1050
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 September 1, 2020, the Defendant driven a DNA-learning car from around 800 meters away from the front day of Jin-si to the front road of Jin-si, Jin-si, the Defendant was under the influence of alcohol content 0.310% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Relevant legal provisions and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the defendant's blood alcohol concentration, driving background and distance, and all kinds of sentencing conditions including the defendant's age, sex behavior, environment, etc.

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