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(영문) 대전지방법원 서산지원 2019.11.21 2019고단801
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 August 22, 2014, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million as a crime of violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On August 1, 2019, at around 02:30, the Defendant driven a D Ttibane car from approximately 4 km to the front road of the “C Industrial Complex” located in the Siljin-si, Siljin-si, from the roads adjacent to the Siljin Bus Terminal, under the influence of alcohol of 0.183% of blood alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A report on internal investigation (with regard to circumstances of control); and

1. 112. List of reported cases;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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 defendant's age, character and behavior, environment, motive for committing the crime, circumstances after committing the crime, etc. and various conditions of sentencing indicated in the records, such as the fact that the defendant had been already punished for drinking driving again, the unfavorable circumstances such as the fact that drinking water in this case is considerably high, and the defendant's mistake, and the fact that it does not amount to a traffic accident, it does not amount to a traffic accident. In addition to the previous conviction in the judgment, various conditions of sentencing indicated in the records are considered.

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