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(영문) 대전지방법원 2019.10.24 2019고단2993
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 March 12, 2019, at around 22:10, the Defendant driven a motor vehicle with Epp troke in the state of alcohol with approximately 300 meters alcohol concentration of about 0.123% under the influence of alcohol from the 300-meter section to the front roads of D located in Chungcheongnam-si B through C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the report on the situation of a drinking driver, the inquiry into the results of the drinking driving control, the case-related photographs, the next inquiry, and the application of Acts and subordinate statutes to each investigation report;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018), the choice of imprisonment with labor (Consideration of the same type of crime, the change of the number of drivers, etc.);

1. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (see, e.g., the fact that it is recognized as crimes late and reflected in the future, the fact that the blood alcohol content is relatively low within the section of the same Act, and the relationship of support for the aged and children, etc.);

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