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(영문) 대전지방법원 2019.02.14 2018고단4500
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

[Criminal Power] On September 24, 2012, the Defendant received a summary order of KRW 4 million from Daejeon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on January 20, 2017, a summary order of KRW 5 million was issued from Daejeon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

[Criminal facts] On November 19, 2018, the Defendant driven B automobiles at the section of about 300 meters from the Gayangdong-dong, Daejeon-dong to the Gayangdong-dong, Daejeon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, while under the influence of alcohol at around 01:20% of alcohol.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. The actual condition survey report;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the facts constituting a crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose a penalty;

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

1. Aggravation factors of sentencing under Article 62-2 of the Criminal Act: Confession of high blood alcohol level (0.121%, 0.154%) and accumulated records of punishment for drunk driving: Confession, vehicle disposal, economic difficulties, etc.;

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