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(영문) 대전지방법원 공주지원 2019.09.20 2019고단275

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

[Criminal Power] On June 18, 2010, the Defendant was issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act (driving) in the Daejeon District Court’s Support for Incheon District Court.

【Criminal Facts】

On August 3, 2019, at around 21:18, the Defendant driven a D-wing truck under the influence of alcohol leveling 0.066% from a section of approximately 4.6km from the front of the C-cafeteria located in the Gongju-si, Mari-si, the Mari-si, the Hanju-si, to the Hanju-si, the Hanju-si, the Hanju-si.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Notification of the control of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes (verification of the same kind of power and review of the amended Road Traffic Act);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The sentencing of Article 62-2 of the Criminal Act is based on a comprehensive consideration of the records and various conditions of sentencing as shown in the trial process, including the following: (a) the past crime of sentencing under Article 62-2 of the Order to Attend the lecture; (b) the blood alcohol concentration at the time of the instant crime; and (c) the driving distance is short; and (c) there