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(영문) 대전지방법원 2019.02.28 2018고단4321
도로교통법위반(음주운전)
Text

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

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

[criminal power] On March 30, 2007, the Defendant issued a fine of KRW 1 million for a violation of the Road Traffic Act at the Daejeon District Court on March 30, 2007, and a fine of KRW 1.5 million for the same crime at the same court on March 31, 2014, and the same kind of power is more than once.

【Criminal Facts】

The defendant is a person who is engaged in driving a B B B B B B B BB car.

At around 23:40 on November 16, 2018, the Defendant driven the said car at a distance of about 50 meters from the day near the D cafeteria located in Seo-gu Daejeon, Seo-gu, Daejeon to the front of the F High School E, while under the influence of alcohol of 0.128% of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of the control of drinking driving;

1. A report on the actual state of the driver;

1. Each report on investigation;

1. Binding of written summary orders of the same electric power;

1. Application of Acts and subordinate statutes to criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of running a sound driving and the choice of imprisonment);

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

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

1. In light of the fact that the defendant committed the crime of this case again even though he had the records of punishment three times for the same crime, and the degree of drinking alcohol measurement of this case is considerably high, the defendant's liability for the crime of this case is grave, but there are some reasons to consider the motive and circumstance of the crime of this case, the motive and circumstance of the crime of this case, and the fact that the defendant has no criminal record other than the fine, etc., the punishment of this case shall be determined as ordered by taking account of the following factors:

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