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(영문) 대전지방법원 천안지원 2019.10.16 2019고단1655
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 November 23, 2012, the Defendant received a summary order of KRW 3 million from the Cheongju District Court to a fine for a violation of the Road Traffic Act, and KRW 2 million from the Daejeon District Court to a fine for a violation of the Road Traffic Act on January 11, 2016.

Although the Defendant had a punishment force twice as above, on July 13, 2019, the Defendant driven a B-car under the influence of alcohol concentration of 0.120% around 06:16, while driving a blood alcohol concentration of 0.120% on July 13, 2019, and proceeded with a section of approximately 5 km from the front side of the Seo-gu C building in Seoan-gu, Seoan-gu to the front day of the mountain-dong distance in Asan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, reports on the results of confirmation before and after each disposition, summary orders of approximately 12 high-ranking 84766 of the Cleanju District Act, and summary orders of about 15 high-ranking 12841 of the Daejeon District Act;

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

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

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

1. The punishment as ordered shall be determined in view of the fact that the defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was punished for a fine twice due to drunk driving, again, the drinking driving of this case was conducted again, the blood alcohol concentration of this case is high, and the defendant is recognized to commit the crime.

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