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(영문) 대전지방법원 2019.05.23 2019고단1076

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 26, 2008, the Defendant issued a summary order of KRW 500,000 to the Cheongju District Court for the violation of the Road Traffic Act (driving) and a summary order of KRW 700,000 to the same crime in the Daejeon District Court on January 16, 2009, respectively.

Nevertheless, around 01:16 on January 3, 2019, the Defendant was under the influence of alcohol with 0.136% of blood alcohol concentration, and was driving a B-type taxi at the 1km section from the 1km to the roads in front of the National Highway Sincheon-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, through which it is impossible to identify the trade name in the Yancheon-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do to the 21km road in the same Eup/Myeon.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to summary orders of the same kind of case) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment (Consideration of intention of the accused, economic situation, etc.);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1448, Apr. 1, 201; 201Do1448, Apr. 2, 2011)