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(영문) 대전지방법원 논산지원 2019.09.20 2019고단338
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On December 20, 2010, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court’s Seosan Branch.

【Criminal Facts of Crimes】 On August 3, 2019, the Defendant driven BNF Mysta car in the state of alcohol alcohol concentration of approximately 0.144% from the 8km section from the road located in Seosan-si, Seosan-si to the front road of Seosan-ro 45 Mystal Park at Seosan-ro, Seosan-do.

Accordingly, the defendant was driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes of one summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there exists a previous conviction in the judgment, circumstances in which blood alcohol content is considerably favorable: The fact that there is no previous conviction exceeding the fine, and the fact that there is no previous conviction, the defendant's age, character and conduct, environment, criminal records, criminal records and circumstances after the crime, etc. are considered, and the punishment shall be determined like the order, in consideration of all the sentencing conditions specified in the arguments in the instant case

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