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(영문) 대전지방법원 논산지원 2019.09.24 2019고단244
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

【Criminal Power】 On October 14, 2002, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) in the official capital support of the Daejeon District Court on March 30, 2005, and a summary order of KRW 2 million for the same crime at the Daejeon District Court on March 30, 2005, respectively. On September 11, 2015, the Daejeon District Court was sentenced to a suspended sentence of one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the judgment was finalized on September 19, 2

【Criminal Facts” around 16:40 on May 24, 2019, the Defendant driven an Esch Rexton car under the influence of alcohol concentration of about 0.073% from the 3km section from the front of the Defendant’s house located in Chungcheongnam-gun to the front of the Dmiddle School located in C, to the front of the D secondary school located in C.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 3 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances favorable to the same criminal records as the previous records in the judgment: A person who has been placed in the same rank as the previous records in the judgment; the defendant seems to have caused the crime of this case due to the operation of night care; the defendant is a person with a disability of Grade III due to cerebral disease; and the defendant's age, character and conduct, environment, criminal records, circumstances after the crime, and all the conditions for sentencing specified in the arguments of this case,

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