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(영문) 대전지방법원 논산지원 2019.07.23 2019고단246
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【Criminal Power】 On January 4, 2003, the Defendant was issued a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court, and a summary order of 2 million won or more as a fine for the same crime in the Daejeon District Court rice support on December 30, 2005, respectively.

【Criminal Facts】 On April 17, 2019, at around 21:30, the Defendant driven an Esch Rexroth vehicle while under the influence of alcohol content of approximately 0.16% from the 2km section from the bus platform in D to the front of the bus platform in D, from the front of the bus platform located in Chungcheongnam-gun.

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 (Attachment to the previous records and summary orders), application of statutes on judgment;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 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 punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the pleadings of this case, including the Defendant’s age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, etc., and all the sentencing conditions shown in the pleadings of this case, such as the fact that there exists the same criminal records as indicated in the judgment of the court, the fact that blood alcohol content is considerably favorable to him: The fact that he appears to reflect himself’s wrongness; and that he appears

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