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(영문) 대전지방법원 홍성지원 2018.10.23 2018고단651
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

[criminal history] On March 23, 2014, the Defendant issued a summary order of KRW 5 million for a crime of violating road traffic law (drinking driving), a summary order of KRW 2.5 million for the same crime in the same court on August 4, 2010, and a summary order of KRW 1.5 million for the same crime in the same court on February 16, 2010, respectively.

[2] Although the Defendant had been punished for a violation of the Road Traffic Act (driving of alcohol) more than twice as above, the Defendant driven Bpoter II vehicles under the influence of alcohol leveling from approximately 500 meters to the front road of the port Eup/Myeon located in the area of 500 meters in the same military route from the front road of the agricultural product packing in the Seo-nam-gun, Seocheon-gun, Seocheon-gun, the head of the Dong-gun, Seo-gun-gun, the head of the Dong-gun, the head of the Dong-gun, the head of the Dong-gun, the head of the Gu, around August 31, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime.

The favorable circumstances: The fact that there is a high possibility of criticism for recidivism in spite of the fact that there is three times (2 times in 2010, once in 2014, once in 2014), and that there is a high alcohol concentration in the blood.

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