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(영문) 대전지방법원 2017.09.08 2017고단2662

도로교통법위반(음주운전)

Text

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, 2007, the Defendant was punished by a fine of KRW 3 million by a violation of road traffic law at the ordinary military court of the 37th common military court of the army on May 1, 2007, and on December 23, 2013, the Defendant was issued a summary order of KRW 3 million by a crime of violation of road traffic law (driving) at the Daejeon District Court on December 23, 2013.

On June 13, 2017, while under the influence of alcohol of 00:20% among blood, the Defendant driven CA car at the section of approximately 1.5 km from the previous cafeteria located in the Seo-gu Seodong of Daejeon Seo-gu, Seo-gu, Seo-gu, to the intersection of a tree apartment located in the Dongwon-gu, Seo-gu, Seo-gu.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driven under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of a copy of the summary order; and

1. Application of Acts and subordinate statutes stating the notification of the result of regulating drinking driving;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of the grounds for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol content in the blood of this case, and the fact that the instant case was committed again after driving alcohol on May 7, 2017, etc.