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(영문) 대전지방법원 홍성지원 2019.03.20 2018고단810
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

On November 23, 2012, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court on November 23, 2012, and was sentenced to a summary order of KRW 2 million for the same crime at the Seoul Northern District Court on September 10, 2007, and was sentenced to a summary order of KRW 700,000 for the same crime at the Seoul East Eastern District Court on May 4, 2007.

On October 13, 2018, at around 16:20, the Defendant driven a Dpoter Ⅱ in the state of alcohol alcohol content of approximately 0.065% in a section of approximately 7 K KK from the vicinity of Macheon-gun to the front of Hong-gun, Hong-gun, Hong-gun, Hong-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal records, inquiry records, court rulings, and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered favorable circumstances, such as the reflection of the fact, the fact that an accident is not caused by a crime, the fact that there is no penalty power exceeding the fine, the fact that there is no sufficient health and economic situation, etc.);

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances considered in the first sentence);

1. Social service order under Article 62-2 of the Criminal Act;

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