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(영문) 대전지방법원 천안지원 2018.08.06 2018고단1160
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[M] On September 10, 2012, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of road traffic law (drinking driving) from the Daejeon District Court's Branch of the Daejeon District Court on September 10, 2012, and on May 12, 2017, the Daejeon District Court issued a summary order of KRW 7,00,000 as a fine for a violation of road traffic law (drinking driving).

[Criminal facts] On April 15, 2018, the Defendant driven a Dknife car at approximately 1 km section at the front of the entrance in the Yanan-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul, with alcohol content of 0.201% at around 0.201% while under the influence of alcohol during blood at around 16:05.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Report on the detection of drinking, report on internal investigation, report on the circumstances of the driver of drinking, inquiry of the results of crackdown on the driving of drinking, and report on the use of a drinking measuring instrument (the records of violating Article 44 (1) of the Road Traffic Act not less than twice);

1. Written inquiry about criminal history, etc.;

1. Application of second-class Acts and subordinate statutes of the summary order;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds of sentencing under Article 62-2 of the Criminal Act, the degree of drinking alcohol, the circumstances leading to the detection of drinking alcohol, the records of criminal punishment of the defendant, etc.

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