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(영문) 대전지방법원 논산지원 2021.01.12 2020고단557
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2020, the Defendant driven a Epoter II cargo vehicle from the C parking lot located in YYYYYYYYYYYY 0.149% of alcohol level from Sep. 22, 2020 to D, while under the influence of alcohol leveling to 0.149% of alcohol level.

Summary of Evidence

1. Reports on legal statements by defendants on traffic accidents;

1. Application of Acts and subordinate statutes to a report on the circumstances of a driver making a notification as a result of regulating drinking;

1. Relevant legal provisions and Articles 148-2 (3) 2 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. The reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution and Article 62(2) of the Criminal Act are as follows: (a) although the Defendant had long been punished due to drinking or drinking, the Defendant was involved in an accident while driving a cargo in the state of drinking, and the Defendant’s blood alcohol concentration was also significant at the time.

The fact that the defendant seems to have judged his mistake and reflect his mistake is considered in light of the circumstances favorable to the defendant.

In addition, all the factors of sentencing as shown in the pleadings of this case, such as the defendant's age, sex, criminal records, relationship of criminal records, environment, circumstances after the crime, etc., shall be determined as ordered.

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