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(영문) 대전지방법원 천안지원 2018.06.22 2018고단827
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On May 25, 2007, the Defendant issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million due to a violation of road traffic law (driving) in the Daejeon District Court's Support for Macheonan District Court on May 25, 2007, and on October 1, 2010, a summary order of KRW 1.5 million with a fine of KRW 1.5 million due to a violation of road traffic law (driving) in the Daejeon District Court's Support for Macheonan District Court.

On April 8, 2018, the Defendant driven Bone Star Frost Motor Vehicle under the influence of alcohol with approximately 0.059% alcohol concentration from around 15 meters in a hot spring village apartment complex located in the 46-ro of Asan City to the same apartment settlement.

On May 9, 2018, the Defendant ordered 13:20 on May 23:20, 2018, the victim D’s “E store” operated by the victim D in Nam-gu, Nam-gu, Nam-gu, Seoul, to the effect that “the victim would not drink.” Before doing so, the Defendant obstructed the victim’s main business by abusing the victim’s disturbance by force, such as booming the victim to the effect that “the victim would be unable to drink.”

Summary of Evidence

"2018 Highest 827"

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in the judgment: References to inquiries, such as criminal history, (A), investigation reports (prior convictions in the same case), and "2018 Heights 1181";

1. Partial statement of the defendant;

1. A written statement;

1. A report on internal investigation:

1. 112 A list of reported cases;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment, etc.) concerning the facts constituting an offense, and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of imprisonment, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.

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