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(영문) 대전지방법원 논산지원 2019.05.14 2019고단146
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

【Criminal Power】 On December 29, 2009, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act at the Daejeon District Court's collegiate Branch on December 29, 2009, and other similar records of the same kind as the Defendant was sentenced to a suspended sentence of two years

【Criminal Facts” around 15:05 on March 26, 2019, the Defendant driven a d highest-est car at the section of about 3 km from the front of Yasan-si to the front of Yasan-si, Seosan-si, the 0.135% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the same type of criminal records and investigation reports);

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The same criminal records as the previous records in the judgment, including probation and the suspension of execution, are five times the same criminal records as the previous records in the judgment, and the blood alcohol concentration is considerably favorable: The defendant's age, character, environment, criminal records, criminal records, circumstances, etc. are considered to have been faithfully living without any particular criminal records after 2008, and the punishment shall be determined as ordered by taking into account all the conditions for sentencing specified in the arguments in the instant case, such as

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