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(영문) 대전지방법원 2019.08.07 2019고단2000
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On May 24, 201, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Daejeon District Court on May 24, 201, and a summary order of KRW 2.5 million for the same crime at the same court on May 2, 2013, respectively.

【Criminal Facts】

On May 22, 2019, the Defendant, while under the influence of alcohol twice, driven a D again fishing XF car at approximately 1 km from around 1km to the front of the cafeteria located in the Seo-gu Seo-dong, Daejeon under the influence of alcohol by 0.205% of alcohol concentration in blood.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (a) and other Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that the suspension of execution is against the other person and there is no criminal record exceeding the fine);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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