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(영문) 대전지방법원 천안지원 2019.11.27 2019고단2505
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 September 15, 2006, the Defendant received a summary order of KRW 1 million from Daejeon District Court to a fine for a violation of the Road Traffic Act, and on October 13, 2006, a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act.

At around 21:40 on September 21, 2019, the Defendant driven a FIsta car at a section of approximately 500 meters from the Do in front of the Amina Party B to E in front of Amina City D with approximately 0.090 percent of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined in consideration of the fact that the defendant for sentencing under Article 62-2 of the Criminal Act was punished several times by a fine due to the violation of the Road Traffic Act, the fact that the blood alcohol concentration of this case is high, the defendant is recognized to commit a crime and is against the law, etc.

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