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(영문) 대전지방법원 2019.01.31 2018고단2966
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 June 15, 2007, the defendant issued a summary order of KRW 1.5 million at the Daejeon District Court as a fine for a violation of the Road Traffic Act (driving on November 13, 2007), a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving on November 9, 2007), a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving on September 28, 2007), and a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving on February 28, 2008) at the Daejeon District Court, and on September 19, 2008, a person who has been sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving on September 19, 2008).

【Criminal Facts】

On July 8, 2018, at around 18:42, the Defendant driven a Drocketing car with approximately one meter alcohol level of 0.160% under the influence of alcohol level 0.160% on the front of the Daejeon Seo-gu Bukdong, Daejeon.

Accordingly, the Defendant again driven a motor vehicle in violation of Article 44(1) of the Road Traffic Act, who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A traffic accident report;

1. A report on the state of the operation of a motor vehicle;

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

1. A statement on criminal records, etc.;

1. Summary order or application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In light of the fact that the defendant committed the instant crime even though the reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture had a history of being punished several times for the same crime, and the fact that the drinking measurement level is high, the Defendant’s liability for the crime is unlimited, the Defendant’s confession is against the Defendant, and the motive and circumstance of the instant crime are considered, and the punishment as the order shall be determined by taking into account the following factors:

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