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(영문) 대전지방법원 2018.08.17 2018고단1546
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On December 7, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on December 7, 2010, and on December 24, 2012, the same court received a fine of KRW 8 million due to a crime of violating the Road Traffic Act (drinking driving).

[2] On April 3, 2018, the Defendant driven a small-scale car with a alcohol level of 0.154% under the influence of alcohol level 0.154%, from around 21:45 on April 3, 2018 to around the 3km-dong, Daejeon-dong, Daejeon-dong, B, to the front road of the Nanyang-dong, Daejeon-dong, Daejeon-dong.

Accordingly, the Defendant, who violated drinking regulations twice, was driven under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. References to inquiries, such as criminal history, and application of reports on undisposition previous convictions and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;

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