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(영문) 대전지방법원 논산지원 2019.10.29 2019고단400

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

【Criminal Power】 On August 27, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million with a penalty of violation of the Road Traffic Act at the Ansan District Court’s Ansan Branch on August 27, 2007, and a summary order of KRW 2 million with a fine of KRW 1.5 million with a penalty of violation of the Road Traffic Act at the Seoul Southern District Court on November 30, 2007.

【Criminal Facts of Crimes】 On September 10, 2019, the Defendant driven C Poter Cargo Vehicles with approximately KRW 0.104% alcohol concentration at a section of about 1km from the front of Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the front of the same Sindo-si, Gyeongdo-ri, Gyeongnam-do.

Accordingly, the defendant was driven under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same and similar records), application of statutes on judgment;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions for sentencing under Article 62-2 of the Act on Probation and Order to Attend: The fact that there are no previous convictions more than a fine, and that it appears that he had lived faithfully after his previous convictions, and that he had lived faithfully without any previous convictions, the age, character, environment, criminal records, criminal records, circumstances after his crime, etc. are considered, and the punishment shall be determined as ordered, taking into account