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(영문) 대전지방법원 공주지원 2019.07.05 2019고단138
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On October 30, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the official capital support of the Daejeon District Court, and on April 11, 2019, a summary order of KRW 5 million was filed with the same court as the same crime, and the summary order was issued on May 10, 201.

【Criminal Facts】

At around 17:00 on April 14, 2019, the Defendant driven a F Lasttop car in the state of alcohol alcohol concentration of approximately 0.118% at the 2km section from the front line of C in the Gongju-si B to the front line of E in the Gongju-si.

Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation and a written statement of control;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 148-2(1) of the Act on the Selection of Criminal Crimes; Article 148-2(1) of the same Act (amended by Act No. 16037, Dec. 24, 201); and Article 148-2(1) of the same Act on the grounds that the Defendant

The blood alcohol concentration at the time of crime is also very high.

The sentence of imprisonment shall be imposed, and the punishment shall be determined as the order, comprehensively taking into consideration the following factors: the defendant's age, character and conduct, environment, family relationship, circumstances of crimes, and various sentencing conditions expressed in the trial process.

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