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(영문) 대전지방법원 홍성지원 2018.09.12 2018고단493
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Hongsung branch of the Daejeon District Court, and on January 20, 2012, the Defendant received a summary order of KRW 5 million as a crime of violating road traffic law (drinking driving) from the Seosan branch of the Daejeon District Court.

On June 16, 2018, the Defendant driven B lusian car with a alcohol content of about 0.094% from around the 3km section of approximately 3km from around the 16th Yancheon Yancheon-si to the Yancheon Yancheon-dong Yancheon-dong, the Defendant driven B lusian car with a alcohol content of about 0.094%.

Summary of Evidence

1. Statement by the defendant in court;

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

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 on investigation (verification of the same record as 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. Article 53 and Article 55 subparag. 3 (1) of the Criminal Act for Reduction of Small Quantity (i.e., reflectiveness, the occurrence of an accident due to a crime, the occurrence of an accident after drinking, the degree of drinking after drinking seems to have been underassessment, the fact that there is no record of punishment exceeding a fine, support for families including young children, support for young children, and the fact that health and economic conditions are not good, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1)

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

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