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(영문) 대전지방법원 홍성지원 2019.02.27 2018고단956

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 January 29, 2008, the Defendant received a summary order of KRW 700,000 from the Seoul Southern District Court to a fine of KRW 700,000 for a violation of the Road Traffic Act, and on December 26, 2008, a summary order of KRW 3 million for a violation of the Road Traffic Act was issued in the Chuncheon District Court's original branch court.

On September 13, 2018, at around 21:54, the Defendant driven a D personal car in the state of alcohol alcohol concentration of about 4 km from the front line of the response service distance in the Chungcheongnam-gun in the area of Chungcheongnam-gun budget, to the front line of the “C Training Institute” in B, which is located in B, to the front line of the parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of summary order-related 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 punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered favorable circumstances, such as the fact that discretionary mitigation is seriously against, the fact that an accident is not caused by a crime, the penalty exceeding a fine, the fact that there is no previous offense in the last ten years, the fact that there is no previous offense in excess of a fine, the fact that the family is supported, the fact that a social relationship is obvious,

1. Article 62 (1) of the Criminal Act on the stay of execution (resumed circumstances favorable to the previous one);

1. Social service order under Article 62-2 of the Criminal Act;