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(영문) 대전지방법원 홍성지원 2018.05.09 2018고단190
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

[criminal history] On June 20, 2017, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving) with red support of the Daejeon District Court, and a summary order of KRW 3 million for the same crime in the same court on April 7, 2014, respectively.

[Criminal facts] On January 25, 2018, the Defendant driven B rocketing car under the influence of alcohol content of approximately 0.078% at a section of about 500 meters from the front of the 55-dong Pool Posium, a smallest of 06:08 Bosa City, to the front of the 55-dong Posium, the center of the same city, from the front of the 1st cansa road.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: The application of inquiry letter, such as criminal history (A), summary order, and the Acts and subordinate statutes attached to two summary orders;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective points, drinking values are relatively low, there is no history of punishment exceeding fines, and social ties are clear);

1. Article 62 (1) of the Criminal Act on the stay of execution (resumed circumstances favorable to the above consideration);

1. The community service order under Article 62-2 of the Criminal Act;

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