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(영문) 대전지방법원 천안지원 2019.10.30 2019고단1902

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

On November 10, 2010, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a fine of KRW 1 million as a fine for a violation of the Road Traffic Act, from the Daejeon District Court’s Branch on November 25, 2016, from the Daejeon District Court’s Branch on November 25, 2016.

On July 30, 2019, at around 04:15, the Defendant driven a F car in the state of alcohol alcohol concentration of about 0.117% from a 800-meter section of blood alcohol content to E-way located in Asan City D from the frontway in Asan City B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the accused has been punished by a fine on two occasions for the violation of the Road Traffic Act, the fact that the blood alcohol concentration of this case is very high, and the fact that the accused recognizes the crime, etc., a punishment as set forth in the text shall be determined.