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(영문) 대전지방법원 논산지원 2020.03.31 2019고단505
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On August 28, 2006, the Defendant received a summary order of KRW 2 million for a fine for the violation of the Road Traffic Act, etc. in the Daejeon District Court Seosan Branch.

On October 4, 2019, at around 19:11, the Defendant driven a F low-speed car in the state of alcohol alcohol concentration of about 500 meters from the front road of the “C” located in Chungcheongnam-gun B to the front road of the “E” located in the same military D.

Accordingly, the defendant was driven under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Criminal records, inquiry reports, and application of statutes on judgment;

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. When committing the reasons for sentencing under Article 62-2 of the Criminal Act, the defendant's blood alcohol concentration, driving distance, driving distance, and driving without a license or license two times, and the criminal records which have been punished due to a non-licensed driving, etc. are several times, the punishment shall be determined as ordered by taking into account all the conditions of sentencing specified in the pleadings of this case, such as the character and conduct of the defendant, the environment, the circumstances

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