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(영문) 대전지방법원 2019.01.16 2018고단4095

도로교통법위반(음주운전)

Text

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 October 31, 2012, the Defendant received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act from the Gwangju District Court, and issued a summary order of KRW 3.5 million for the same crime at the Daejeon District Court on July 18, 2017.

Criminal facts

On October 24, 2018, the Defendant, as a person who violated the regulations on the prohibition of drunk driving twice or more, driven Cinty Q50 automobiles at the section of approximately 4km to the above underground parking lot via a 0.211% of alcohol level at the Seo-gu apartment parking lot under the influence of alcohol level around 00:40 on October 24, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement;

1. Notification of the control results of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 punishment, 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 committed the instant crime even though the Defendant had a record of criminal punishment twice for the same crime.

However, the sentencing conditions, such as the defendant's age, character and conduct, family relationship, and circumstances after the crime, shall be determined in the same manner as the order, although there is no record of criminal punishment exceeding the fine.