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(영문) 대전지방법원 논산지원 2019.10.01 2019고단359
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On February 5, 2002, the Defendant was issued a summary order of a fine of one million won or more for a violation of the Road Traffic Act in the Daejeon District Court’s subdivision support on February 5, 2002, and a summary order of two million won or more for the same crime in the same court on October 7, 2010, respectively.

【Criminal Facts of Crimes】 On August 22, 2019, at around 23:30, the Defendant driven a Budi A8-car under the influence of alcohol concentration of approximately 0.084% in the section of about 2km from the 31km-gu World Cup to the point where it is located in the same Gu, Dong-dong Seoul 44km-dong.

Accordingly, the defendant was driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The period of probation and order to attend a meeting is two previous years, and circumstances favorable to the previous records entered in the judgment: The defendant's age, character and conduct, environment, criminal records, circumstances of crimes, and circumstances after crimes, etc., which are shown in the arguments of this case, are considered to reflect his or her mistakes, and the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in

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