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(영문) 대전지방법원 천안지원 2019.05.16 2019고단174
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 December 21, 2018, at around 21:57, the Defendant driven a F Newcomman’s car with approximately 1 km level while under the influence of alcohol level of about 0.161% in front of a restaurant located in Seo-gu Seoul Metropolitan City B, Seo-gu, Seo-gu, Seoul Metropolitan City, and up to the roads in front of the E church.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Road Traffic Act enforcement notice, notification of the regulation of drinking driving, inquiry into the results of the regulation of drinking driving, statement of the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), the ledger of use of breath meters, and notification of completion of correction

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are found to be erroneous and against the defendant, and the defendant again committed the instant crime despite the fact that he/she had been punished twice due to the same crime; the blood alcohol concentration, driving distance and other defendant's age, character and behavior, environment, motive, means and consequence of the instant crime; circumstances after the crime; and various sentencing conditions specified in the pleadings of the instant case shall be determined as ordered by taking into account all the following factors:

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