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(영문) 대전지방법원 천안지원 2018.11.19 2018고단1403
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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] The Defendant was issued a summary order of KRW 1.5 million on September 1, 2008, and fine of KRW 4 million on July 9, 2013, as a crime of violating the Road Traffic Act (driving) in the Seocheon Branch of the Daejeon District Court.

[Criminal facts] On April 13, 2018, the Defendant driven B rocketing car from 11st day of the 7-gil, Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, Seocheon-si, 120, a 109-dong 5-dong 5-dong 109-dong 5-dong 5-dong 5-dong 201 while under the influence of alcohol leveling 0.257% of alcohol level among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the result of collecting blood);

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A) and a summary order, to two Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and order to attend lectures are as follows: (a) although the Defendant had a history of criminal punishment twice due to drinking, he/she drives a motor vehicle under the influence of alcohol again; and (b) the degree of alcohol concentration in blood is very high by 0.2

However, there is no record that the defendant has been sentenced to a fine or more severe punishment.

In addition, the punishment shall be determined as ordered by comprehensively taking into account various factors of sentencing as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, etc.

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