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(영문) 대전지방법원 홍성지원 2019.03.13 2018고단917
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

On June 27, 2008, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on September 27, 2010, a summary order of KRW 1,50,000 as a fine of KRW 1,50,00 as a crime of the same crime

On November 13, 2018, at around 21:18, the Defendant driven a Fpoter II cargo vehicle under the influence of alcohol content of about 100 meters from the frontway of the residence of the C in Seocheon-gun, Chungcheongnam-gun to the frontway of the E-cafeteria in D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of each summary order statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered favorable circumstances, such as reflective points, the occurrence of an accident due to a crime, the absence of penal power exceeding fines, the support for family, and the fact that social ties are clear);

1. Article 62 (1) of the Criminal Act on the stay of execution (resumed circumstances favorable to the previous one);

1. Social service order under Article 62-2 of the Criminal Act;

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