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(영문) 대전지방법원 천안지원 2019.02.22 2018고단2688
도로교통법위반(음주운전)
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

On October 23:53, 2018, the Defendant driven a Fran vehicle under the influence of alcohol with a blood alcohol concentration of 0.085% 0.085% at a section of approximately one kilometer from the roads adjacent to the C Station B in Seo-gu, Seo-gu, Seocheon-gu to E in front of the roads D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control results of drinking driving;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is a very dangerous crime that may cause unexpected behaviors to the life and home of others by raising the possibility of traffic accidents, and thus, to prevent this, the defendant is bound to bear strict responsibility for the act related thereto. The defendant committed the crime of this case even though he had been punished several times due to drinking driving, and the defendant committed the crime of this case. Meanwhile, the defendant led to confession and reflect against the crime of this case, the defendant has no criminal record at any time after 2009, and the defendant did not have any criminal record at any time in the records and arguments of this case, such as blood alcohol concentration level, etc.

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