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(영문) 대전지방법원 천안지원 2018.12.14 2018고단2414
도로교통법위반(음주운전)
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 September 7, 2009, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of road traffic law (driving alcohol) from the Daejeon District Court branch on September 7, 2009. On September 23, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (driving alcohol) on September 23, 2009. On May 31, 2016, the Defendant received a summary order of KRW 5,00,000 as a fine for a violation of road traffic law (driving alcohol) from the Seoan Branch of the Daejeon District Court.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking), the Defendant was driving a B-hand car owned by the Defendant from the front side of the ambro cafeteria at the amband Eup/Myeon in the Asan City, 0.105% under the influence of alcohol during blood at around September 28, 2018 to the front side of the distribution method of materials located at the amband Eup/Myeon in the Asan City, Asan City, from September 28, 2018.

Summary of Evidence

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 judgment: Application of three copies of a written reply to inquiry, such as criminal history, investigation report (Attachment of a summary order attached thereto), and summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning 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 grounds for sentencing under Article 62-2 of the Criminal Act, including the circumstances leading up to the instant crime, the amount of alcohol content among the Defendant’s blood relative at the time of the crime, the Defendant’s criminal record of punishment for traffic-related crimes, and other circumstances shown in the pleadings of the instant case, shall be determined as ordered by taking into account the various circumstances revealed in the arguments of the case.

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