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(영문) 대전지방법원 홍성지원 2018.08.08 2018고단407
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On October 27, 2008, the Defendant was issued a summary order of KRW 700,000 by the Changwon District Court to a fine of KRW 1,00,000 for a crime of violating the Road Traffic Act, and a summary order of KRW 3 million by the same court on September 14, 2015, respectively.

[2] On May 20, 2018, the Defendant driven a motor vehicle under the influence of alcohol with approximately 0.088% alcohol level 0.08% in the 2km section from around 10 meters to the same Eup/Myeon culture from among the head of Hongsung-Eup on May 20, 2018 to the same Eup/Myeon culture.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: The application of inquiry letter, such as criminal history (A), summary order, and the Acts and subordinate statutes attached to two summary orders;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (the consideration shall be given to favorable circumstances, such as the fact that it seriously reflects the situation, the fact that social ties are evident, the fact that there is no history of punishment exceeding the fine, and that there is no history of punishment exceeding the fine);

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

1. The community service order under Article 62-2 of the Criminal Act;

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