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(영문) 대전지방법원 천안지원 2017.06.22 2017고단983

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[M] On July 7, 2008, the Defendant received a summary order of KRW 70,000,000 as a fine for a violation of road traffic law (driving) from the Daejeon District Court's Branch of the Daejeon District Court on May 27, 2009, upon receiving a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (driving) from the Daejeon District Court's Branch of the Incheon District Court on May 27, 2009, and on October 19, 2009, issued a summary order of KRW 7,00,000 as a fine for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death and Injury resulting from Motor Vehicle) at the Incheon District Court's Branch of the Daejeon District Court on October 19, 2009.

[Criminal facts] On April 6, 2017, the Defendant driven a 80-meter B A-ray car at approximately 80 meters away from the 80-lane B to the 60-day Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-si, Seongbuk-gu, the 0.07% alcohol level among blood transfusions.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Reporting on the detection of drinking drivers, notification of the results of crackdown on the driving of drinking, report on the circumstances of the driver of drinking, and inquiry of the results of crackdown on the driving of drinking (investigative record 12 pages) (the records of violation of Article 148-2 (1) 1 of the Road Traffic Act);

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Taking into account the reason of sentencing under Article 62-2 of the Criminal Act, the degree of alcohol alcohol alcohol, the circumstances leading to the detection of drinking, the records of criminal punishment for drinking drivers, and the fact that the defendant has no criminal record other