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(영문) 대전지방법원 2017.04.12 2017고단302

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 May 1, 2013, the Defendant was sentenced to a fine of four million won due to a violation of road traffic law in the Daejeon District Court's support on May 1, 2013, and the same kind of criminal records are four times.

On November 22, 2016, at around 21:49, the Defendant driven a car with approximately KRW 1 km from the front side of the Donnnnman cafeteria, which is located in the same school, to the front side of the same Donman apartment, with approximately 0.094% alcohol concentration in blood.

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. A protocol concerning the examination of the accused;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same judgment attached thereto);

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act concerning the crime and Article 148-2 (1) 1 of the same Act concerning the selective punishment;

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act, including the fact that there are many criminal records of the same type of crime, the defendant is against himself/herself, there is no longer criminal record exceeding fines, and that

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;