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(영문) 대전지방법원 서산지원 2019.10.31 2019고단677
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 May 18, 201, the Defendant received a summary order of KRW 1,50,000,000 from the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 5, 2019, at around 20:45, the Defendant driven a E Bbluri vehicle with approximately KRW 500 meters of alcohol level 0.071% under the influence of alcohol level from the front line of the trade imbalance in Jin-si B to the long distance of the entrance of D located in the same city C.

Accordingly, the defendant was driving not less than twice under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. Report on the status of the driver;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power), and summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant's mistake is recognized and reflected in the sentencing; (b) the drinking water of this case is relatively high; (c) the traffic accident does not reach the level of traffic accident; and (d) the fact that there is no serious criminal record in recent years; and (b) the overall conditions of sentencing indicated in the records, such as the defendant's age, character and conduct, environment, motive for

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