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(영문) 대전지방법원 2020.01.16 2019고단4404
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 October 27, 2019, at around 23:45, the Defendant driven C-II Cargo Vehicles with approximately 0.049% alcohol concentration at the 13km section from the front side of the Sejong B apartment to the outer yellow distance, according to the North flowncy of Daejeon Pung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents;

1. A report on the actual state of the driver;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (3) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant committed the crime of this case again even though he had the record of being punished three times due to drinking driving, the traffic accident caused by drinking driving of this case, the social harm to drinking driving of this case requires strict punishment, and disadvantageous circumstances such as the confession by the defendant, the defendant's previous conviction was committed against him, and the defendant's previous conviction was not less than 10 years, and the defendant's previous conviction was not higher than 10 years, and other favorable circumstances such as the defendant's age, character and behavior, environment, background and motive of the crime, and the circumstances before and after the crime, etc. shall be considered together, and the punishment shall be determined as ordered by the order.

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