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(영문) 대전지방법원 2017.07.21 2017고단1377

도로교통법위반(음주운전)

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

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 February 5, 2009, the Defendant received a summary order of KRW 1,50,000,000,000 from the Changwon District Court's Jinju branch due to a violation of road traffic laws (driving), a fine of KRW 1,50,00,000 due to a violation of road traffic laws (driving), and a fine of KRW 1,50,000,000 due to a violation of road traffic laws (driving), in the same court on February 18, 2011.

On March 25, 2017, the Defendant driven BM5 vehicle under the influence of alcohol content 0.11% in blood, while under the influence of alcohol content 0.11% in the vicinity of the Galmama-dong, Seo-gu, Daejeon, Seo-gu, Seo-gu.

Accordingly, the defendant was a person who violated two times or more due to drinking, and was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the result of regulating driving of drinking alcohol;

1. Application of the Acts and subordinate statutes stated in the investigation report (the attachment report to the same working decision);

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

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 for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol concentration in the blood of this case, criminal records, etc. are considered.