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(영문) 대전지방법원 서산지원 2020.01.09 2019고단966
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 July 12, 2007, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on July 12, 2007.

Criminal facts

At around 18:00 on August 19, 2019, the Defendant driven a fco-sports car in the state of alcohol alcohol 0.218% in the section of approximately 500 meters of alcohol alcohol level from the front of the C Pharmacy located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the front road in the same city D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A manual for measuring drinking alcohol;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (verification of the same kind of power), and the application of Acts and subordinate statutes of summary order issued in the Daejeon District Court Decision 2007 High Court Decision 2859;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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: (a) the Defendant, who had been sentenced once to a fine due to drinking alcohol driving, once again drives under the influence of alcohol; (b) the unfavorable circumstances such as the fact that drinking alcohol in this case is considerably high; and (c) recognition of and reflects the Defendant’s mistake; and (d) circumstances favorable to the Defendant, such as the fact that it does not reach a traffic accident, etc.; and (b) other conditions of sentencing as indicated in the arguments, including the Defendant’s age, character and behavior, environment, motive

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