(영문) 대전지방법원 논산지원 2019.10.01 2019고단355

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Reasons

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(영문) 대전지방법원 논산지원 2019.10.01 2019고단355

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 of Crimes】 On March 26, 2001, the Defendant was issued a summary order of one million won or more for a violation of the Road Traffic Act in the area of the Daejeon District Court's subdivision support on September 15, 2006, a summary order of one million won or more for the same crime in the same court on September 15, 2006, and a summary order of one million won or more for the same crime in the same court on May 6, 2008, respectively.

【Criminal Facts】 Around 07:20 on July 23, 2019, the Defendant driven a DNA cargo vehicle while under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.073% from the 500-meter section from the front of the Seosan City to the front of C on the road.

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. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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: Circumstances favorable to the facts of the same kind of criminal records as indicated in the judgment: The fact that it appears that one's mistake would be against himself/herself; the fact that one's wife and three children are supported by his/her wife and three children after 2008; the fact that it appears that it would lead to the instant crime due to his/her night-class driving; and the fact that it appears that the Defendant's age, character and behavior, environment, criminal records, criminal records, circumstances after the commission of the instant crime, etc. are considered to have led to the instant crime; the punishment shall

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