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(영문) 대전지방법원 2019.02.20 2018고단4008
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

At Daejeon District Court, the Defendant received each summary order of KRW 2 million on June 20, 200, fine of KRW 2 million on July 27, 2007, fine of KRW 2 million on October 26, 2015, and fine of KRW 8 million on October 26, 2015.

On October 24, 2018, at around 04:10, the Defendant driven a e-mail car with approximately 200m alcohol concentration of about 0.140%, while under the influence of alcohol content, from around C in front of Seo-gu, Daejeon to the front of Seo-gu, Daejeon.

Accordingly, the defendant was a person who violated the prohibition of drunk driving more than twice, and was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Statement of control circumstances, report on the results of the control of drinking driving, and circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to summary orders);

1. Relevant Acts of crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (such as: (a) disadvantageous circumstances; (b) the fact that a person has been suffering from his or her previous offense; (c) the blood alcohol concentration is relatively high; and (d) the fact that he or she was entering the investigation by assault and assault; (c) there is no penalty power other than the aforementioned previous offense; (d) supporting parents

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

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