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(영문) 대전지방법원 천안지원 2019.11.28 2019고단1925

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 October 6, 2008, the Defendant received a summary order of KRW 2 million from the Incheon District Court Branch of Incheon District Court due to the violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 27, 2019, at around 12:30 on June 27, 2019, the Defendant driven a DNA knife vehicle with a blood alcohol concentration of about 0.216% from the section of approximately 13 km from the front side of the Seo-gu Northern-si B to the front side of the Asia-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

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

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, previous records of disposition, results of confirmation, and reporting (Attachment to summary orders);

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

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

1. Taking into account the fact that community service or an order to attend a lecture has been punished once due to drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act, such as the fact that he/she repeats a crime, has high blood alcohol concentration, has no penalty power exceeding a suspended sentence, and that he/she is hospitalized to treat alcohol ozone;