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(영문) 대전지방법원 천안지원 2019.06.12 2019고단692
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

On September 11, 2008, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act, etc. in the support of the Daejeon District Court on September 11, 2008, and on February 2, 2010, the Defendant was sentenced to a suspended sentence of one year for a period of six months for a violation of the Road Traffic Act.

On March 14, 2019, the Defendant had been punished for drinking driving two times or more, but around 21:54 on March 21, 2019, the Defendant driven the Bbenz car under the influence of alcohol concentration of 0.074% and proceeded with approximately 200 meters from the front side of the Dong-gu Seoul Metropolitan City, Yanan-gu to the front side of the D Building in Yan-gu, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. Report on the situation of a drinking driver, and inquiry into the results of the control of drinking driving (Evidence No. 4 pages of evidence);

1. Previous convictions as indicated in the judgment: Criminal history records, probationary records, report on the results of confirmation of the previous dispositions, red support of Daejeon District Court Decision 2009Kadan809, 2008 High Court Decision 2008 High Court Decision 8249, Daejeon District Court Decision 2008 High Court Decision and the summary order Acts and subordinate statutes shall apply;

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

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

1. In light of the fact that the defendant was punished for a violation of the Road Traffic Act in 2007 as well as the fact that the defendant was punished for a violation of the Road Traffic Act in 2007, and even though he was punished for two times for a violation of the Road Traffic Act, the driving of the instant case is conducted under the influence of alcohol, and the blood alcohol concentration concentration of the instant case is not very high, the punishment as set forth in the text shall be determined.

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