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(영문) 청주지방법원 2019.07.18 2019고단936
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 March 15, 2019, around 22:20, the Defendant driven D 300C car while under the influence of alcohol concentration of about 4 km from Echeon-si to Echeon-si C.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the statutes on response to requests for appraisal;

1. Relevant Article 148-2(2)1 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 punishment as ordered shall be determined by comprehensively taking account of all favorable circumstances, such as the fact that the crime of sentencing under Article 62-2 of the Social Service Order Act is recognized as well as erroneous and contradictory to the fact that the crime of sentencing is committed, the fact that there is no other criminal record other than the one-time punishment by fine, and the occurrence of traffic accidents, the occurrence of traffic accidents, the repetition of drinking driving in a short period, and other unfavorable circumstances, including the Defendant’s age, character and conduct, motive of the crime, and the circumstances before and after the crime, etc

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