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(영문) 대전지방법원 논산지원 2019.03.29 2018고단605
도로교통법위반(음주운전)등
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 September 11, 2006, the Defendant issued a summary order of KRW 3 million at the Seoul Central District Court to a fine of KRW 1,000,000,000,000 for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on November 29, 2012; the summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daejeon Central District Court on March 25, 2016; and on March 25, 2016, the summary order of KRW 5 million for a violation of the Road Traffic Act (driving) was respectively issued.

(2) On November 2, 2018, the Defendant: (a) around 21:05 on November 2, 2018, the Defendant: (b) driven a vehicle under the influence of alcohol with a blood alcohol content of about 0.052% without a vehicle driver’s license on the section of about 1k from the front day of the Daejeon District Court Seogsan District Court’s branch office located in Chungcheongnam-gu, Seosan-gu, Seosan-si to the front day of the same Rigsan District Court.

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. The driver's license ledger;

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

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 circumstances favorable to the same previous conviction as the previous conviction in the judgment: The defendant's age, character and conduct, environment, criminal records, criminal records, circumstances after crimes and circumstances after crimes, etc., which are shown in the arguments of this case, shall be determined as the disposition of the same punishment in consideration of all the conditions for sentencing as shown in the arguments of this case;

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