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(영문) 대전지방법원 천안지원 2019.02.15 2018고단2569
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

On September 22:34, 2018, the Defendant driven a Dpoter II cargo vehicle with approximately 300 meters alcohol concentration 0.212% while under the influence of alcohol from the 300-meter section to the front parking lot of the C apartment from the Gangnam-gu Seoul Metropolitan Government B apartment road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a circumstantial statement of a drinking driver, and a statement of alcohol alcohol during blood;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 of Article 62-2 of the Criminal Act on the grounds of the provision of community service and the order to attend a lecture is a very dangerous crime that may cause the occurrence of traffic accidents to cause unexpected behaviors to the life and family of others as well as the person in question. In order to prevent such a crime, even if there was a history of punishment several times of drinking driving, the defendant committed the crime of this case, even though there was a history of punishment for drinking driving, the defendant committed the crime of this case, and caused the accident of contact with parked vehicles. Meanwhile, the defendant led to the confession and rebuttal of the crime of this case, there was no record of fine exceeding the defendant, there was no record of criminal punishment after 2012, and there was no record of criminal punishment after 2012, and other circumstances revealed in the records and arguments of this case such as blood alcohol concentration.

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