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(영문) 대전지방법원 논산지원 2019.10.29 2019고단360
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On February 5, 2009, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act, etc. in the Daejeon District Court’s subdivision support on February 5, 2009, and a summary order of 4 million won by the same court on March 24, 2017, respectively.

【Criminal Facts” around 03:08 on August 25, 2019, the Defendant driven D SP car in the state of alcohol 0.045% of blood alcohol concentration from around the 1km section from the Do adjacent to C in Seosan-si B to the roads adjacent to the 297-ro in the city of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose 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 sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and behavior, environment, criminal records, criminal records, circumstances after the crime, etc., and all of the sentencing conditions shown in the arguments of this case, such as the fact that there is the same previous or previous sentence: the fact that it appears to be against his mistake, that blood alcohol concentration is not high, that there is no previous conviction exceeding the fine, that there is no previous conviction, that there is no previous conviction.

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