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(영문) 대전지방법원 천안지원 2018.08.17 2018고단1206
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 August 10, 2007, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of road traffic law (drinking driving) from the Daejeon District Court's branch office on August 10, 200, and on August 12, 2013, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving).

Although the Defendant had been punished twice or more due to the violation of the Road Traffic Act (drinking) as above, on March 28, 2018, the Defendant driven a dice halog car from approximately 400 meters in the area of 400 meters away from the direction of the convenience store in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the front day of the 16-lane, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment to a summary order of the same paper);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, has been punished for drinking driving three times, but committed the instant crime.

However, the defendant is against his or her will to recognize his or her mistake.

No defendant shall have been punished heavier than a fine.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.

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