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(영문) 대전지방법원 2017.02.16 2016고단4273

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On July 18, 2006, the Defendant was sentenced to a fine of 700,000 won as a crime of violating the Road Traffic Act at the Daejeon District Court on July 18, 2006, a fine of 70,000 won as a crime of violating the Road Traffic Act (driving) in the same court on September 14, 2007, a fine of 1,00,000 won as a crime of violating the Road Traffic Act (driving) in the same court on July 3, 2009, a fine of 4 million won as a crime of violating the Road Traffic Act (driving) in the same court on May 7, 201, and a fine of 4,00,000 won as a result of the same court on March 17, 2011.

On September 28, 2016, the Defendant, while under the influence of alcohol 0.069% during blood transfusion, driven a cub car from the front side of the local ginseng restaurant located in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-do to the front side of the 30km-dong, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do to the 10km-do university.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. Notification of the results of regulating drinking driving;

1. A written statement of the driver who takes charge;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (attaching sentence, etc.);

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. The reason for sentencing under Article 53 of the Criminal Code for Reduction of Small Quantity (the conditions favorable to the defendant, among the reasons for sentencing) of the Criminal Code, committed the instant crime without being aware of the fact that the defendant was committed at the time of and against the instant crime, that the defendant’s blood alcohol concentration was not significantly high, and that there was no traffic accident due to the Defendant’s drinking driving, etc., under favorable circumstances to the defendant, that the Defendant committed the instant crime without being aware of the fact that he was sentenced four times of fine as the same kind of crime as indicated in the judgment of the Defendant, and that the current Road Traffic Act prohibits drinking driving.

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