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(영문) 대전지방법원 공주지원 2019.09.27 2019고단227
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal power] On December 19, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act, etc. at the Daejeon District Court on August 19, 2013. On April 27, 2017, the Daejeon District Court issued a summary order of five million won as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On May 4, 2019, at around 21:55, the Defendant driven a D low-speed car with approximately 500 meters alcohol level 0.217% under the influence of alcohol in the section from 500 meters prior to the public sewerage to the roads prior to Cpenta.

Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of details of enforcement and results of the drinking driving control;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same kind of power) and Acts and subordinate statutes;

1. The sentence of imprisonment is to be imposed, comprehensively taking into account the following factors: Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 148-2(1) of the same Act (amended by Act No. 16037, Dec. 24, 2018); Article 148-2(1) of the same Act (amended by Act No. 16037, Dec. 24, 2018); Article 28-2(1) of the same Act (amended by Act No. 1420, Feb. 23, 2018; hereinafter referred

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