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(영문) 대전지방법원 천안지원 2018.06.01 2018고단733
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 27, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating road traffic law (drinking driving) at the Seocheon Branch of the Daejeon District Court on August 27, 2009, a fine of five million won as a crime of violating road traffic law (drinking driving) at the Seocheon Branch of the Daejeon District Court on February 25, 2010, and a fine of seven million won as a crime of violating road traffic law (drinking driving) at the Seoul Western District Court on August 7, 2015, respectively.

On September 16, 2017, the Defendant driven a vehicle with approximately 200 meters of alcohol alcohol level 0.202% under the influence of alcohol level 0.202% from the apartment complex 4 in South-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and from the next road in front of industrial company

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into consideration the various circumstances shown in the pleadings of the instant case, including the numerical value of alcohol content during blood at the time of the instant crime, the background leading up to the instant crime, the Defendant’s history of being sentenced to three times a fine due to driving alcohol, etc.

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