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(영문) 대전지방법원 천안지원 2019.09.04 2019고단1295

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On March 17, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and on March 19, 2012, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) in the Incheon District Court's Branch of the Daejeon District Court on March 19, 201.

On May 25, 2019, at around 13:30, the Defendant driven a car in Ecoon from the Do in front of Asan City B to the Do Do in the front of Asan City Do Do, under the influence of alcohol of 0.136%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Notification of departments related to the report of 112 cases and the list of reported cases;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

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

1. The punishment as shown in the disposition shall be determined in consideration of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order has a history of being punished several times for the crime of violation of the Road Traffic Act, the fact that the blood alcohol concentration in this case is considerably high, the defendant is led to confession and reflect, and the defendant's health is not good;