(영문) 대전지방법원 천안지원 2020.01.10 2019고단2670

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자간(%)

(영문) 대전지방법원 천안지원 2020.01.10 2019고단2670

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:00 on October 7, 2019, the Defendant driven a F New PEF Quantities under the influence of alcohol concentration of about 0.193% at the 2km section from the road front of the E-real estate located in the same Gu and located in Dong-gu, Chungcheongnam-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 under Article 62-2 of the Criminal Code of the Order to Provide community service and order to attend a lecture is a very dangerous crime that may raise the possibility of traffic accidents and cause unexpected behaviors to the life and family of others as well as the occurrence of traffic accidents, and even in order to prevent such crimes, the defendant is bound to bear strict responsibility for the acts related thereto. The defendant, even though he was sentenced to a fine by drinking driving around 200 and was sentenced to a suspended sentence due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Doing Vehicles) around 2006, causes the instant crime to be committed, and there was an accident that causes the shock of parking vehicles by lowering the crime of this case. Meanwhile, the defendant is led to the confession and rebuttal of the crime of this case, the defendant has no other criminal records except the above punishment, and the records and arguments of this case such as the blood alcohol concentration

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제3항 제2호

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