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(영문) 대전지방법원 2019.09.19 2019고단1768
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a driver of the B rocketing car.

On April 8, 2019, the Defendant driven the said vehicle with a blood alcohol concentration of 0.139% around 01:48, while driving the said vehicle in the influence of alcohol, and going to the front of the Daejeon Middle-gu Egra in Daejeon, Seo-gu, Daejeon. At around 01:54 on the same day, the Defendant continuously sounding the median line and continuously sounding the horn at around 02:05 on the same day without justifiable grounds, and continuously sounding the horn at around 02:06 on the same day, and continuously sounding the horn in violation of the signal at around 02:06 on the same day, and continuously sounding the horn and continuously sounding the horn at around 02:08 on the same day without justifiable grounds. On the same day, the Defendant violated the signal at the intersection at around 02:08 on the same day, and caused danger or injury to other persons by failing to follow the duty of traffic restriction or duty of traffic restriction on the same day.

As above, the Defendant driven a motor vehicle while under the influence of alcohol, and continued to drive a motor vehicle in distress or repeatedly, such as the violation of signal signals, the median line, and the occurrence of noise without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes, such as a report on the statement of the status of a driver, a report on the request for appraisal (2019-C-2398), a report on detection of a driver (blood) and a report on the detection of a driver, and a CD 1;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Articles 151-2 and 46-3 of the Road Traffic Act; the choice of imprisonment for each sentence;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to it for a crime that may cause serious damage to the life, body, or property of another person.

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