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(영문) 대전지방법원 홍성지원 2020.01.08 2019고단714
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 29, 2018, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Daejeon District Court's Hongsung branch.

On October 12, 2019, around 04:16, the Defendant driven a B NewM5 car under the influence of alcohol content of about 0.090% from the area of about 50km to the point where the blood alcohol content is 0.090%, from the area of the Daejeon Franchisa to the point where it is located at approximately 40.6km in the direction of the Jinnam budget-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Control note;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered favorable circumstances, such as the fact that he/she seriously reflects the situation, the fact that he/she does not cause an accident due to a crime, the fact that he/she does not have any penalty force exceeding the fine, and the fact that he/she is obvious

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances considered in the first sentence);

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

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