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(영문) 대전지방법원 서산지원 2019.06.19 2019고단164
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On March 16, 2010, the Defendant issued a summary order of 2.5 million won for the crime of violating the Road Traffic Act in the Seocheon Branch of the Daejeon District Court on March 16, 2010, and on June 2, 2015, the same court issued a summary order of 2 million won for the crime of violating the Road Traffic Act, and has the record of being punished for drinking driving two times or more by the same court.

On February 1, 2019, at around 22:05, the Defendant driven an E-Wlurt Transport Vehicle with approximately 1.5km alcohol concentration of about 0.082% from the front road in Seosan City B to the front road in the same city D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 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;

1. In full view of all the circumstances such as the Defendant’s age, character and conduct, environment, family relationship, circumstances after committing the crime, etc., the sentence as ordered shall be determined by taking into account the following: (a) the fact that the Defendant’s blood alcohol concentration was relatively high in sentencing under Article 62-2 of the Criminal Act; (b) the Defendant

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