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(영문) 대전지방법원 논산지원 2019.09.20 2019고단324
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 March 5, 2014, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the official capital support of the Daejeon District Court, and on July 12, 2017, the summary order of KRW 5 million as a fine for a violation of the Road Traffic Act was issued in the Daejeon District Court’s subdivision support.

【Criminal Facts of Crimes】 On February 20, 2019, the Defendant driven BK 7 vehicles under the influence of alcohol with approximately 0.143% of alcohol content 0.143% at the section of about 4km from the front of the Yasan-dong, Yasan-dong, Yasan-si to the front of the same Si-ri side.

Accordingly, the Defendant, who was under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Investigation report (in response to a request for appraisal);

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

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, etc., by taking into account the following factors: (a) the criminal records of the same kind were two times; (b) the blood alcohol concentration is expected to be against the defendant; (c) there is no criminal record exceeding the fine; (d) the mother and his wife; (e) the support is supporting the defendant; (e) the family and his wife wanting to take the defendant's preference;

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