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(영문) 대전지방법원 논산지원 2019.01.29 2018고단606
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On October 11, 201, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act, etc. in the Daejeon District Court Seosan Branch of the Daejeon District Court, and on May 3, 2013, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch of the Daejeon District Court.

【Criminal Facts of Crimes】 On August 28, 2018, the Defendant driven Franchising car under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.070% from the section of approximately 300 meters from the front of the road in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the front of the E-cafeteria in D.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to criminal records and criminal records of a suspect);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Imprisonment with prison labor chosen;

1. An accident that happens that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that there was no accident that there was a previous sentence of the same kind of punishment, a single sentence of the punishment for the same offense, and a single sentence of the punishment for the same offense in the past five years [limited to unfair circumstances];

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