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(영문) 대전지방법원 2019.01.21 2018고단3639
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 March 30, 2007, the Defendant was punished by a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) in the official support of the Daejeon District Court on March 30, 2007, and a fine of KRW 700,00 for the same crime at the Daejeon District Court on September 19, 2017.

【Criminal Facts】

Although the Defendant had been punished on more than two occasions for violating the prohibition of drinking driving, on September 21, 2018, the Defendant was driving a B-L-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment;

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

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

1. The fact that three times the previous convictions of Article 62-2 of the Criminal Act, including the previous convictions in the judgment of sentencing, the drinking volume, driving distance, reflectivity, the contents of the previous convictions in the judgment, and the sentencing factors in Article 51 of the Criminal Act.

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