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(영문) 대전지방법원 천안지원 2019.05.22 2019고단606
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 5, 2007, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act in the Seocheon Branch of the Daejeon District Court on January 5, 2007, and the summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act in the Seocheon Branch of the Daejeon District Court on September 26, 201.

On March 15, 2019, while under the influence of alcohol at 00:24% of blood alcohol level, the Defendant driven a Crocketing car at approximately 2 km section from the front of a restaurant in the trade name and aesthetic part of the Dong-gu, Yannam-gu, Yanandong-gu to the roads adjacent to the Cheongnam-gu, Yandong-gu, Cheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Notification of the control of drinking driving;

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

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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 reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the accused has been punished three times by a fine due to the violation of the Road Traffic Act, and the fact that the blood alcohol concentration in the instant case is considerably high, etc., the punishment shall be determined as per the order;

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