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(영문) 대전지방법원 천안지원 2021.01.26 2020고단2784
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On October 4, 2020, the Defendant driven a Fgrod vehicle under the influence of alcohol with about 20 meters alcohol concentration of about 0.134% at a section of about 0.134% from around 00:0 to the front of the E, located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Provisions of Acts and subordinate statutes governing the inspection site map and field photograph, report on the situation of the driver in charge, investigation report (report on the situation of the driver in charge of driving), notification of the results of regulating the driving of drinking alcohol, register of using the measuring instruments for drinking alcohol, and notification of the completion of correction

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, such as protection and observation, community service order and order to attend school, recognize and reflects the defendant's wrongness, the defendant's spouse's guidance while leaving his guidance, and the defendant again committed the instant crime even though he had been punished three times, including imprisonment due to the same kind of crime. The defendant again committed the instant crime, taking into account alcohol concentration and driving distance, Defendant's age, sexual behavior, environment, motive, means, means and consequence, circumstances after the instant crime, and other various sentencing conditions as indicated in the argument of the instant case.

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