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(영문) 대전지방법원 천안지원 2019.05.22 2019고단553
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 8, 2006, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on October 13, 2008, issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the red support of the Daejeon District Court.

On August 13, 2018, the Defendant, who had been punished for drinking driving more than twice, was driving the B-wing and Class-III cargo vehicle with a blood alcohol concentration of 0.174% under the influence of alcohol around 09:26 on August 13, 2018, and proceeded with approximately 500 meters in the front way of the new path parking lot located in the 50th place in the Asan-si, New Chang-si, Asan-si, New Chang-si, Asan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Records before and after judgments: Criminal records, probationary records, support of Daejeon District Court Decision 2006 High Court Decision 2006 High Court Decision 9014 and red support of Daejeon District Court Decision 2008 High Court Decision 4243 shall apply;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished four times by a fine due to the violation of the Road Traffic Act, the blood alcohol concentration in the instant case is considerably high, the defendant conducts a military cancer operation and provides aviation cancer treatment, etc., a punishment shall be determined as ordered by the above-mentioned sentence, in consideration of the fact that the defendant has been punished for the violation of the Road Traffic Act.

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