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(영문) 대전지방법원 논산지원 2019.07.23 2019고단255
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

【Criminal Power】 On June 2, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court, and on June 24, 2016, a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Daejeon District Court’s subdivision support on June 24, 201, respectively.

(1) On June 15, 2019, at around 05:50 on June 15, 2019, the Defendant driven B rocketing car with a blood alcohol content of about 0.139% at the section of about 5 km from around the cafeteria-si, Chungcheongnam-si to the road in front of the same side of the city.

Accordingly, the Defendant, who was under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of previous records of the same kind), application of statutes of the judgment;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions favorable to the previous sentence twice that are favorable to the defendant: the fact that the defendant's family members and branch members wish not to commit the same mistake; the defendant's family members and branch members want not to have any previous conviction; the defendant's age, character, environment, criminal records, criminal records, circumstances after the crime, etc. are considered in light of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, criminal records, criminal records, circumstances after the crime, etc.

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