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(영문) 대전지방법원 천안지원 2019.11.29 2019고단2266
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 December 22, 2015, the defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act in the support of the Daejeon District Court on December 22, 2015.

On September 11, 2019, the Defendant, while under the influence of alcohol, driven a motor vehicle Enish with approximately 0.107% of alcohol alcohol concentration in the 2km section from the packaging end of the “C” package in Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si to the Do adjacent to the Do in Seoan-gu, Seoan-gu, Seocheon-gu to the Do in front of the Dri-distance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Suppression photographs;

1. Responses to criminal records, etc., and the application of Acts and subordinate statutes on investigation reports (related to the same type of suspect records);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Community Service and Order of Education is a very dangerous crime that may raise the possibility of traffic accidents and may cause unexpected behaviors to the life and family of others as well as the occurrence of traffic accidents, and even in order to prevent this, the defendant is bound to bear strict responsibility for the act related thereto. The defendant committed the crime of this case when he was punished three times due to drinking driving, including the records in the judgment, even though he had the record of the judgment, and the defendant committed the crime of this case. Meanwhile, the defendant led to the confession of the crime of this case and reflects it, except the records in the judgment, the defendant has long been subject to criminal punishment, and the defendant has no other criminal record, and the records and arguments such as the numerical value of blood alcohol concentration of this case were

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