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(영문) 대전지방법원 홍성지원 2019.02.27 2018고단904
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

On March 10, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act, and a summary order of KRW 3 million as a fine in the same court on September 1, 2011.

On December 6, 2018, at around 22:55, the Defendant driven an E-high-est car in the state of alcohol alcohol concentration of about 0.075% from the front road of the C Driving Institute located in Chungcheong Budget-gun B to the front road of the same military unit D.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (1) (2) (2) (2) (2) (2) and on-site photographs;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of criminal records, reply reports, and copies of summary order Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered favorable circumstances, such as the fact that it reflects the punishment, the fact that there is no penalty power exceeding the fine, and the fact that social ties are obvious);

1. Article 62 (1) of the Criminal Act on the stay of execution (resumed circumstances favorable to the previous one);

1. Social service order under Article 62-2 of the Criminal Act;

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