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(영문) 대전지방법원 2017.07.07 2017고단1661

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 7, 2015, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on September 7, 201, and a fine of two million won as a result of the same crime from the Pyeongtaek District Court on September 20, 201.

On April 12, 2017, the Defendant, while under the influence of alcohol content of 0.079% among blood transfusions, driven a 1km B K7 vehicle from the front side of a happy restaurant in Daejeon Jung-gu, Daejeon to the front side of the Dong-gu So-dong So-dong So-gu, Jung-gu, Dong-gu.

As a result, the Defendant, who committed a drinking twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Inquiries about criminal history and application of the Act on Reporting Criminal Investigations;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant has been subject to punishment twice due to driving of drinking prior to the instant crime, and the circumstances favorable to o: The defendant shows a negative figure while intending to mislead all the misunderstandings.