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(영문) 대전지방법원 천안지원 2018.10.26 2018고단2075
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 April 22, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Daejeon District Court's branch on April 22, 2009, and on June 25, 2014, the Defendant was punished for a crime of violating road traffic law (drinking driving) on more than two occasions by receiving a summary order of KRW 3.5 million as a crime of violating road traffic law (drinking driving) from the Daejeon District Court's Branch on June 25, 2014.

On July 5, 2018, the Defendant driven B rocketing car under the influence of alcohol content of about 0.129% in a section of about 700 meters from the road located in the 168-1, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, to the road located in about 10-gil 45, Seoan-gu, Seoan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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) and Acts and subordinate statutes to report an investigation (Attachment of the same summary order);

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. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, driven a motor vehicle under the influence of alcohol even though he/she had been punished for drinking three times including the previous conviction in the judgment.

However, the defendant recognizes his wrongness.

The defendant has no past record of punishment heavier than a fine prior to the instant case.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.

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