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(영문) 대전지방법원 논산지원 2019.10.22 2019고단397
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 October 30, 2014, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) in the Daejeon District Court Seosan Branch.

【Criminal Facts】

On September 15, 2019, at around 00:15, the Defendant driven Bone Star-kicking Vehicle while under the influence of alcohol content of 0.123%, in the three-meter sections of the front road of the penty Park in the Gangseo-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, 75-ro.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances unfavorable to the sentencing of Article 62-2 of the Criminal Act: Circumstances favorable to the previous sentence stated in the judgment: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, and circumstances after the crime.

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