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(영문) 대전지방법원 서산지원 2018.11.08 2018고단807
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 March 21, 2014, the Defendant issued a summary order of KRW 4.5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on March 21, 2014, and on April 17, 2015, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) and had been punished two times or more for a crime of drinking, such as having been subject to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving). However, on July 27, 2018, the Defendant driven a vehicle at a low level of drinking at approximately 25-21% in the vicinity of the Seoul Special Metropolitan City on February 27, 2018 through the same time from the influence of the trade name near the Seoul Special Metropolitan City, which was about 25-21, to the same 368-12-day from the 10k section to the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Investigation report (report on the situation of the driver in charge); and

1. A report on internal investigation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (to file a written summary order with the suspect);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) unfavorable circumstances such as the fact that the alcohol level among the blood of this case is considerably high; (b) the defendant has already been punished three times due to drinking driving; (c) recognition of and reflects the defendant’s mistake; (d) traffic accidents are not occur; and (e) no criminal record exceeds the fine; and (e) favorable circumstances such as the defendant’s age, family environment, motive for the crime; and (e) circumstances after the crime are considered; and (e) the punishment is determined as ordered by the order,

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