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(영문) 대전지방법원 천안지원 2018.07.05 2018고단1195
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 20, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) in the support of the Daejeon District Court on August 20, 2008, and on October 26, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) at the Suwon District Court’s Pyeongtaek District Court’s site source.

On May 3, 2018, the Defendant driven B C car in the state of alcohol concentration of about 0.072% from the 1km section from the parking lot of a neighboring convalescent hospital located in the south-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-do to the front road from the parking lot of a neighboring convalescent hospital located in the Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-do to the 28-9, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the same criminal records as the suspect), and application of each summary order text;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution has already been punished as a crime of drinking alcohol driving on two occasions. However, the defendant's wrong recognition and reflects the defendant's wrong recognition, the blood alcohol concentration in blood is relatively low, and the defendant's age, sexual behavior, motive and means of the crime, circumstances after the crime, etc. are considered as a whole, and the punishment as set forth in the order shall be determined as per Disposition.

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