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(영문) 청주지방법원 영동지원 2019.09.19 2019고단95
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 25, 2019, the Defendant: (a) around 00:12, the 00:12 U.S. drive a motor vehicle in the state of alcohol with a blood alcohol concentration of about 0.181% from the section of about 25 km from the front of the Gu-dong, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, to the front of the public playground street.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written consent to blood collection and the statutes governing response to requests for appraisal;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service (unfavorable circumstances) requires strict punishment for a crime that is likely to inflict harm on the life, body, or property of the driver as well as the driver himself/herself.

Defendant has been subject to punishment for drinking driving several times in the past.

【Pried circumstances】 The Defendant recognized the instant crime.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.

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