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(영문) 대전지방법원 홍성지원 2018.04.04 2018고단12

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On March 2, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) at the Seoul Western District Court, and on September 14, 2007, issued a summary order of KRW 2.5 million for the same crime by the same court.

[2] Although Defendant 1 had been punished twice or more due to driving of alcohol as above, Defendant 2 driven a vehicle under the influence of alcohol 0.208% with alcohol content 0.208% while under the influence of alcohol without obtaining a driver’s license on the front of the Defendant’s house located in Chungcheongnam-nam Budget Unit D around November 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. The driver's license ledger;

1. Investigation report (the details of the crackdown on drinking), notification of the results of the crackdown on driving alcohol, report on the situation of the driver placed in drinking (the list No. 8), investigation report (the results of blood appraisal), response to requests for appraisal;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), and of a summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act to mitigate amount of punishment (see, e.g., the fact that a crime is recognized and reflected, the fact that a fine is exceeded, or there are no criminal records of the same kind that a crime was committed within the last ten years, and the fact that the health is not good, etc.);

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

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;