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(영문) 대전지방법원 2018.10.31 2018고단2602
도로교통법위반(음주운전)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant received each summary order of KRW 1.5 million on August 3, 2007, and fine of KRW 6 million on February 23, 2017, respectively, from Daejeon District Court as a crime of violating the Road Traffic Act (driving).

On July 1, 2018, the Defendant driven a laund-pured car with a alcohol level of 0.119% while under the influence of alcohol level of 0.19% in blood without a driver’s license, following the laund-gu in Daejeon-gu, Daejeon-gu, Daejeon-gu.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The arrest report of the case, the details of enforcement, the notification of the result of crackdown on drinking driving, the statement of the situation of the driver under driving, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history, Daejeon District Court Order No. 2007 high-ranking Order No. 13574;

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act applicable to the facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Formal concurrence and the choice of punishment under Article 40 of the Criminal Act, and the choice of imprisonment;

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 execution of a sentence is suspended by taking into account favorable circumstances, such as the reason for sentencing under Article 62-2 of the Criminal Act, the reason for sentencing under Article 62-2 of the Act on Education, and the fact that a license was revoked by being sentenced to a fine for driving prior to one year and six months. The fact that alcohol concentration in the blood was relatively unfavorable, but the driving distance is very short and the circumstances in which the driving distance is considered, there are no criminal records exceeding the fine, and the fact that the mistake is against the law

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