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(영문) 대전지방법원 홍성지원 2019.09.11 2019고단455
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 August 8, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court on August 8, 2013.

On July 16, 2019, at around 22:45, the Defendant driven a Bland with blood alcohol content of about 0.187% in a section of about 7km from the front of the Cheongnam-do Office of Education of Hongsung-gun, Hongsung-gun, Hongsung-gun, to the front road of the same military red-Eup, the Defendant was under the influence of alcohol content of about 22 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Control note;

1. Previous convictions in judgment: Application of criminal records, reply reports, and copies of summary order Acts and subordinate statutes;

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

1. Selection of imprisonment;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances that are considered as the reasons for sentencing as follows);

1. In principle, strict punishment is required in light of the unfavorable circumstances, such as the fact that the same criminal record as the sentencing of Article 62-2 of the Social Service Order Criminal Act was committed and the drinking water was considerably high.

However, the punishment shall be determined as ordered in consideration of the favorable circumstances, such as the reflection of the fact, the fact that there is no accident due to the crime, the fact that there is no penalty force exceeding the fine, and the fact that the social relationship is obvious.

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