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(영문) 대전지방법원 천안지원 2018.09.14 2018고단1548
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On December 23, 2010, the Defendant received a summary order of KRW 500,000 from the Changwon District Court to a fine of KRW 500,00 as a crime of violating the Road Traffic Act, and on October 17, 201, the Defendant received a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act (driving) from the Changwon District Court’s Msan Branch Branch.

On May 16, 2018, around 07:15, the Defendant driven 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-W-

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the detection of drinking drivers control;

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

1. Notification of the results of regulating drinking driving;

1. On-site photographs;

1. Previous convictions in the judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (report attached to the summary order of the same case), and summary order, to two Acts and subordinate statutes attached thereto;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he/she had been punished for drinking alcohol driving twice.

However, the defendant recognizes his wrongness.

Prior to the instant case, the Defendant did not have been punished by a fine, except twice the above two times.

In addition to these circumstances, the defendant's age, sex, environment, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.

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