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(영문) 대전지방법원 2019.01.18 2018고단3065
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 Power】 On September 19, 201, the Defendant was issued a summary order of one million won of a fine for a violation of the Road Traffic Act at the Daejeon District Court on September 19, 201, and a summary order of two million won of a fine at the same court on November 19, 201, respectively.

【Criminal Facts】 On August 18, 2018, at around 02:50, the Defendant driven C-wing truck under the influence of alcohol level of 0.121%, while under the influence of alcohol level of 0.121%, from the front of a cafeteria located in the Seo-gu, Seo-gu, Daejeon to the front of Daejeon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of all the circumstances, including the defendant's age, character and conduct, environment, motive, means

The unfavorable circumstances: The circumstances favorable to the fact that the crime of this case was committed even though the person was punished twice due to drinking driving: The confession and the fact that the person is repented.

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