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(영문) 대전지방법원 천안지원 2018.06.21 2018고단784
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[M] On October 15, 2012, the Defendant was notified of a summary order of KRW 700,000,000,000,000 as a fine for the same crime from the Suwon District Court on May 31, 2016, in the case of a violation of the Road Traffic Act (dacting driving) in the Liveter support by the Suwon District Court.

[2] On March 10, 2018, the Defendant driven BM5 car at the 1km section from the front of the restaurant where it is difficult to identify the trade name located in the Northwest-gu, Seoan-gu, Seoan-gu, Seoan-si, in the condition of alcohol content 0.132% while under the influence of alcohol during blood around 21:20 on March 10, 2018.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Written statements (C, D);

1. All the report on traffic accidents, the investigation report on actual condition of traffic accidents, the report on the occurrence of traffic accidents, and the initial and initial measure documents;

1. Report on the circumstances of a driver who takes the driving of a drinking and report on the results of regulating the driving of drinking [the history of violating Article 44 (1) of the Road Traffic Act not less than twice];

1. Written inquiry about criminal history, etc.;

1. Application of two copies of the summary order issued under two Acts and subordinate statutes; and

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the reasoning of sentencing under Article 62-2 of the Criminal Act, the degree of drinking alcohol, the circumstances leading to the detection of drinking alcohol, the records of criminal punishment of the defendant (the fact of the first head of the crime is the whole criminal records) and other factors.

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