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(영문) 대전지방법원 2019.06.13 2019고단1243
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 April 18, 2008, the Defendant received a summary order of KRW 1.5 million from Daejeon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million from Daejeon District Court to a fine for a violation of the Road Traffic Act on October 18, 2010.

On February 21, 2019, at around 03:03, the Defendant driven C Racing Motor Vehicle under the influence of alcohol with approximately 2.5km alcohol level of approximately 0.212% from the Do in front of Seo-gu Daejeon, Seo-gu, Daejeon to the 215-dong-ro, Dong-gu, Dong-gu, to the Do-ro prior to discharge from active service.

As a result, the defendant was a person who violated the drinking regulations at least twice, and was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification reports on the same criminal records), and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of imprisonment (Consideration of blood alcohol density, etc.);

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

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., circumstances in which it becomes difficult to live because the defendant, who is supporting alone, becomes unable to perform driving-related activities, such as disposal of vehicles, etc. due to the instant crime).

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