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(영문) 대전지방법원 논산지원 2018.07.13 2018고단239
도로교통법위반(음주운전)
Text

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

[criminal history] On November 26, 2008, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Daejeon District Court’s support on November 26, 2008, and a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the same court on September 12, 2013, respectively.

[2] On April 12, 2018, the Defendant driven B car under the influence of alcohol content of 0.221% at a section of about 5km from the upper rithm to the 10-om of 10km of the same face from the upper rithm of the new rithm to the same rithm of the same rithm.

Accordingly, the Defendant, who was under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (formers and confirmations), and application of the text of the judgment;

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of imprisonment for a crime (as there are two times the previous provisions within ten years)

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 suspension of execution (no criminal record exceeding the punishment, wrong recognition, or voluntary treatment for alcohol addiction);

1. Protection and observation and order to attend lectures under Article 62-2 of the Criminal Act (to verify whether a person is subject to the actual treatment of recidivism and alcohol addiction);

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