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(영문) 대전지방법원 홍성지원 2019.06.12 2019고단245
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 June 15, 2009, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) in the official capital branch of the Daejeon District Court on June 15, 2009; the Defendant was sentenced to a summary order of KRW 1.5 million for the same crime in the same court on the same day; and the Defendant was sentenced to a fine of KRW 4 million for the same crime in the same court on February 15, 2013.

On January 5, 2019, around 20:15, the Defendant driven a c bargaining car under the influence of alcohol content of about 0.069% from the 1km section from the public parking lot of Taecheon Bathing Beach-dong, Taecheon-si to the front roads of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (1) and a traffic accident report (2) (2).

1. On-site photographs;

1. Notification of the control of drinking driving;

1. A report on internal investigation:

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, reply reports, and copies of written judgments;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflective circumstances, such as the fact that a person commits a crime, does not cause human life damage due to the crime, and the fact that a person does not have any criminal record for the same kind of crime exceeding

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances considered in the first sentence);

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