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(영문) 대전지방법원 홍성지원 2018.05.09 2018고단201
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 October 4, 2013, the Defendant was issued a summary order of a fine of KRW 2 million for a crime of violating road traffic law in the Seosan Branch of the Daejeon District Court of Daejeon, and was sentenced to a fine of KRW 4 million for the same crime on April 22, 2015.

Criminal facts

On March 7, 2018, at around 23:54, the Defendant driven a C-A-hurd-hurged vehicle in the state of under the influence of alcohol content of about 0.104% in a section of about 3km from the red-gun of Hongsung-gun to the end of the Helel road located in 1666, Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history (A), summary order, and the text of the judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 subparag. 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 2009Da11448, Apr. 1, 201);

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

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

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