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(영문) 대전지방법원 천안지원 2019.10.23 2019고단1927
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

On April 6, 2007, the Defendant was sentenced to imprisonment with prison labor for four months for a violation of the Road Traffic Act in the Daejeon District Court's branch court.

On July 21, 2019, at around 21:50, the Defendant driven a motor vehicle Eco-lined with approximately 500 meters of alcohol content 0.186% while under the influence of alcohol content 0.186% in front of the Defendant’s house B in Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, investigation reports (verification reports on the same type of crime records), judgments, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the defendant has a record of criminal punishment for four times due to the violation of the Road Traffic Act; (b) one time of such punishment is the criminal record of the above imprisonment; (c) the blood alcohol concentration of the instant case is very high; (d) the defendant recognized the crime and reflects the fact that the defendant appears to have sold a vehicle; and (e) the sentence shall be determined as ordered

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