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(영문) 대전지방법원 2017.09.21 2017고단2765

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 12, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Daejeon District Court on March 12, 2015, and KRW 2 million for the same crime at the same court on June 19, 2009.

On June 23, 2017, around 06:46, the Defendant driven a vehicle with C Coin-do under the influence of alcohol content of 0.086% at the 20km section from the front of the Daejeon-dong, Daejeon-gu, Chungcheongnam-do to the front road of the Cheongdong-gu, Chungcheongnam-do, Chungcheongnam-do, Seoul-do, with alcohol content of 0.086% at the 20km section from the 20km to the front road of the Dong-gu, Chungcheongnam-do.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of the case;

1. Report on the circumstances of driving under the liquor:

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Reporting on the results of investigation, criminal history, and the application of Acts and subordinate statutes;

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

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that a person who has violated the provision prohibiting driving under the influence of alcohol shall be punished more strictly in light of the circumstances unfavorable to the defendant, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc. shall be considered in light of the circumstances favorable to the defendant, six times (Article 51 of the Criminal Act, including the records of the criminal records as stated in the judgment of the defendant, and six times (Article 200, 204, 2006, 209, 2015, and 2015).