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(영문) 대전지방법원 천안지원 2018.04.19 2018고단114

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[M] On October 19, 2006, the Defendant was sentenced to a suspended sentence of 10 months by imprisonment with prison labor for a violation of road traffic law at the Daejeon District Court's Branch on the following grounds: (a) two years of a suspended sentence of 1 year; (b) January 27, 201; and (c) on January 27, 201, the above court was sentenced to a suspended sentence of 10 months for a violation of road traffic law.

[2] On December 22, 2017, under the influence of alcohol level of 0.098% among blood transfusion around 12:00, the Defendant driven a chip-fed car with approximately 5km section B in the 15-km-dong Cheongdong-dong Cheongdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si,

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Statement protocol (C);

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and photographs on the scene of accidents;

1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver in charge, investigation report (report on the situation of the driver in charge), response to a request for appraisal (the records of violating Article 44 (1) of the Road Traffic Act not less than twice);

1. Application of a reply to inquiries, such as criminal history, and the provisions of Part II of the judgment;

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds of sentencing as follows);

1. Taking into account the reasoning of sentencing under Article 62-2 of the Criminal Act, the degree of drinking alcohol, the circumstances leading to the detection of drinking alcohol, the records of criminal punishment of the defendant (in case of driving under drinking, two times a suspended sentence of imprisonment with labor, one time a fine and seven years a fine) and other factors.