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(영문) 대전지방법원 서산지원 2019.02.21 2018고단1085
도로교통법위반(음주운전)등
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

On April 22, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Seosan Branch of the Daejeon District Court on April 22, 2010, and on October 20, 2017, the same court issued a summary order of KRW 5 million for the same crime and has the record of being punished twice or more for the crime of drinking driving.

Nevertheless, at around 20:20 on October 15, 2018, the Defendant driven the E-Poter two cargo vehicles under the influence of alcohol level of 0.067% while under the influence of alcohol level of 0.067%, without obtaining a driver’s license from the field front of the camping house where it is impossible to find out whether it is ever less than B or less times, from the 200 meters front of the d convenience point in Jin-si. C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. A report on the statement of the status of a drinking driver, and a report on the occurrence of case;

1. Registers of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, inquiry reports, investigation reports (a bound copy of the summary order of the same type of power);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant's mistake is recognized and reflected; (b) the fact that drinking water in this case does not amount to a traffic accident; (c) the fact that drinking water in this case has no serious criminal record; and (d) the recent fact that there is no serious criminal record; and (e) other circumstances, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence

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