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(영문) 대전지방법원 천안지원 2019.10.23 2019고단1588
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 23, 2019, the Defendant, while under the influence of alcohol of 0.312% of blood alcohol concentration, driven a motor vehicle in the E-highest E-pet that was not covered by mandatory insurance at approximately 15k section from the Do adjacent to Asan-si, Seoan-gu, Seoan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on internal accidents (the telephone conversations between shoters G);

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and the choice of imprisonment, respectively, with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The punishment as ordered shall be determined in consideration of the fact that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, drives a vehicle under the influence of alcohol even though he/she has been punished by a fine on three occasions due to a violation of the Road Traffic Act; the blood alcohol concentration of this case is very high; the defendant recognizes a crime; the defendant scrapped the vehicle driven by the defendant; the defendant scrapped the vehicle; and the defendant has no record of criminal punishment exceeding a fine.

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