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(영문) 대전지방법원천안지원 2020.10.05 2020고단1953
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 became final and conclusive.

Reasons

Punishment of the crime

On June 19, 2020, at around 02:57, the Defendant driven CSP car at about 1 km from the end of the package in the Gasan-dong community service center to the front of the Gasan-si, Ansan-dong community service center, while under the influence of alcohol of 0.192% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control and the results of the drinking driving control;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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;

2. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

Blood alcohol concentration is also very high.

However, the defendant seems to have led to confession and reflect on the crime of this case.

In addition, the defendant's age, character and conduct, the environment, the motive and background leading to the crime, the method and mode of the crime, and the circumstances before and after the crime, etc. shall be determined as ordered in consideration of the various circumstances shown in the arguments in this case.

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