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(영문) 대전지방법원 천안지원 2019.10.23 2019고단2024
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 July 21, 2019, at around 04:40, the Defendant driven a rocketing vehicle with the blood alcohol concentration of 0.235%, and proceeded with approximately 2 km from the front of the potato restaurant in the trade name and aesthetic part of the Yananan-gu, Seoan-gu, Seoan-gu, Seoan-gu to the front of the C apartment in Yanananan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, investigation reports (report on the state of drinking drivers), notification on the results of the control of drinking driving, and the results of the control of drinking driving;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the accused has been punished by a fine on two occasions for the violation of the Road Traffic Act, the fact that the blood alcohol concentration of this case is very high, and the fact that the accused recognizes the crime, etc., a punishment as set forth in the text shall be determined.

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