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(영문) 대전지방법원 공주지원 2019.07.05 2019고단168
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment 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 May 13, 2019, at around 18:25, the Defendant driven an Eco-ray, under the influence of alcohol leveling 0.143% from the 2km section from the front of the “C cafeteria” road located in Chungcheongnam-gun B, Chungcheongnam-gun, Chungcheongnam-gun, to the front of D.D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of statutes governing enforcement manuals;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The decision to punish a person obliged to provide community service or attend lectures shall be made in consideration of the recidivism at the time of the lapse of four months in spite of the same criminal record as the sentencing of Article 62-2 of the Criminal Code

However, the execution of punishment shall be suspended in consideration of the fact that there is room for the defendant to give the last opportunity due to the lack of other punishment power.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the records, such as the defendant's age, character and conduct, environment, occupation, family relationship, etc. and various sentencing conditions shown in the trial process.

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