(영문) 대전지방법원 천안지원 2019.11.27 2019고단2249

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(영문) 대전지방법원 천안지원 2019.11.27 2019고단2249

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

On November 26, 2007, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Hongsung branch of the Daejeon District Court on November 26, 2007, and a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Hongsung branch of the Daejeon District Court on March 15, 2018.

On August 24, 2019, at around 13:13:13, the Defendant driven a C Soa car with a blood alcohol concentration of about 0.113% in a section of approximately 3 km from the Do on the Sung-dong, Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si to the roads in front of the B apartment in Yanan-gu, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, etc., report on the results of confirmation of the previous dispositions (attached to a summary order 2007 high-ranking 5067), report on the results of confirmation of the previous dispositions (attached to a summary order 2018 high-ranking 17 high-ranking 201

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished by a fine on two occasions due to the violation of the Road Traffic Act, the fact that the blood alcohol concentration of this case is considerably high, the defendant is recognized to commit a crime and is against the law, and the defendant has no criminal history other than the above power, etc., the punishment shall be determined as ordered by the law.

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