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(영문) 대전지방법원 천안지원 2019.11.28 2019고단2435
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

[Criminal Power] On August 19, 2013, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Support for Incheon District Court.

【Criminal Facts】

On September 19, 2019, the Defendant, despite the fact that he violated the prohibition of drinking driving, driven B liquid sports vehicles with a blood alcohol concentration of about 0.05% from the 300-meter radius to the front road of the Cheong River in the Dong-gu, Yan-gu, Yan-dong, Yan-dong, Yan-dong, the trade name of which is in the Cheongdong-gu, Yan-dong, Yan-dong, Yan-dong, Yan-dong, the Defendant was under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

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

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes of two copies of the relevant summary order;

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 fact that a person drives a motor vehicle under the influence of alcohol again even though he/she has been sentenced to a fine on three occasions due to the reasons of sentencing under Article 62-2 of the Criminal Act, taking into account the fact that he/she has no penal power exceeding the fine and the blood alcohol concentration;

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