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(영문) 대전지방법원 2017.11.20 2017고단3445

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 May 15, 2009, the Defendant was issued, respectively, a summary order of KRW 1.5 million by the same court on October 23, 2007, for the same offense, as a crime of violating the Road Traffic Act, at the Daejeon District Court.

On July 4, 2017, the Defendant, who had been punished twice or more due to drinking driving, driven a B PP car from approximately five meters away from the 5-meter section to the front day of the Dong-gu government unit located in the Daejeon Seo-gu New Vibration, under the influence of alcohol content of 0.070% during blood on July 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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. Investigation Report (Attachment of Blue Stacks and Video Data) - CDs;

1. An explanatory note;

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

1. Previous convictions in judgment: Investigation report (Attachment to the same type of judgment), previous convictions in disposition, text of judgment, criminal history, and replys to inquiries (A) 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 53 of the Criminal Act for mitigation of small amount;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Procedure (Article 62(1) of the Act provides that the defendant shall be punished more strictly in cases of a person who violates the prohibition of drinking, such as the defendant's age, sex, environment, motive, means and result of the crime, and the circumstances before and after the crime, etc. are disadvantageous to the defendant.