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(영문) 대전지방법원 천안지원 2019.11.28 2019고단2523
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two 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] The Defendant received a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act on August 3, 2006, and a fine of KRW 4 million as a crime of violation of the Road Traffic Act on November 23, 2007.

【Criminal Facts】

On September 7, 2019, the Defendant, while under the influence of alcohol around 05:30 on September 7, 2019, driven a clater-low vehicle from a restaurant where the trade name located in the two Dongs of Seo-gu, Seoan-gu, Seoan-gu, is unknown to the extent that the Defendant violated the prohibition of drinking driving regulations, to a level of approximately 1.5km from the 1.5km section to the front roads of Seoan-gu, Seoan-gu, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A written appraisal of blood alcohol;

1. Previous convictions in judgment: Criminal history records, reply reports (A), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of each summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Probation of the fact that a person drives a motor vehicle under the influence of alcohol again after being punished four times as a fine due to the reason of sentencing or refusal of drinking or alcohol measurement for the reason of sentencing under Article 62-2 of the Criminal Act, such as the fact that he/she drives a motor vehicle under the influence of alcohol, the fact that he/she has no penalty exceeding a fine, and there is no criminal punishment

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