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(영문) 대전지방법원 2018.07.20 2018고단1393

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 10, 2014, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act, due to the fact that he/she driven under drinking on August 24, 2014 at the official branch of the Daejeon District Court on August 10, 2014.

On April 14, 2018, the Defendant driven the B-wing truck from the section of about 30 meters to the entrance of the lutolutoluene in Daejeon Pung-dong, while under the influence of alcohol content of 0.050% during blood transfusion at around 23:13, the Defendant driven the B-wing truck from the section of about 30 meters to the lutolutoluene in the same Dong.

As a result, the Defendant, who committed a violation of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1449

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the period of suspension of execution shall be repeated considering the circumstances specified in the grounds for mitigation of the above amount);