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(영문) 대전지방법원 천안지원 2018.11.29 2018고단1703
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] The Defendant received a summary order of KRW 1 million as a violation of Road Traffic Act (driving of alcohol), KRW 1 million as a fine on February 6, 2007, and KRW 1.5 million as of August 4, 2014, respectively, in the Seocheon Branch of the Daejeon District Court.

[Criminal facts] On June 21, 2018, the Defendant driven B New EF rocketing car under the influence of alcohol content of about 0.154% from the 6km section of approximately 0.154% in alcohol level to the front road of the 77-ro, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 11:00 on June 21, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of the same summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, driven a motor vehicle under the influence of alcohol, even though he/she had a history of criminal punishment twice due to driving of alcohol.

However, the defendant is guilty.

In addition, the punishment shall be determined as ordered by taking into account the various factors of sentencing shown in the pleadings, such as the defendant's age, sex, environment, family relationship, etc.

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