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(영문) 대전지방법원 2019.02.28 2018고단4527
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 17, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Daejeon District Court, and a summary order of KRW 3 million for the same crime at the same court on March 20, 2014, respectively.

【Criminal Facts】

On November 24, 2018, at around 00:25, the Defendant driven a DNA car under the influence of alcohol leveling 0.123% from the 3km section of approximately 3km to the roads in front of Daejeon Jung-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement of E;

1. The actual condition of traffic accidents;

1. Making a report on the control of drinking driving;

1. Each report on investigation;

1. Summary order;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of running a sound driving 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. In light of the fact that the Defendant committed the instant crime even though the reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture had the history of being punished twice as the same crime, and that the measure of drinking of the instant case is considerably high, the Defendant’s liability is unlimited, but the Defendant’s confession is against the Defendant, and the Defendant has no criminal record other than the fine, etc., the punishment as ordered shall be determined together

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