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(영문) 대전지방법원 서산지원 2019.05.01 2019고단2

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 March 26, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on March 26, 2009, and on November 19, 2009, the Defendant was sentenced to a suspended sentence of two years in October.

At around 18:10 on October 26, 2018, the Defendant driven a DNA franchising vehicle from the road in front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun to the road in front of the Chungcheongnam-gun, Chungcheongnam-gun, under the influence of alcohol at least 0.312% of alcohol content, despite the fact that the Defendant had driven two or more times as above, from around 6km to the road in front of the Chungcheongnam-gun, Chungcheongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Criminal history records, inquiry reports, summary orders, application of court rulings, and statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant had been punished for drinking at least twice, but he/she again driven under drinking, and the drinking alcohol level is very high.

However, the sentencing conditions shown in pleadings, such as the defendant's age, character and conduct, environment, and family relationship, are not repeated in a short period, and the defendant recognizes and reflects the crime of this case, and the sentence is determined as ordered.