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(영문) 대전지방법원 2017.01.25 2016고단3499

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 September 23, 2008, the Defendant received a summary order of KRW 2 million from the Daejeon District Court to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act in the same court on August 17, 2015.

Criminal facts

On October 10, 2016, the Defendant driven CM5 vehicle under the influence of alcohol with approximately 0.110% alcohol concentration in blood from approximately 200 meters away from the vicinity of a bridge to the roads in the same Dong, among those in the middle-gu act in Daejeon, Daejeon, Daejeon.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. An explanatory note;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (2) shall be taken into consideration, including the fact that all of the fines are the past record of crimes

1. An order to attend a course under Article 62-2 of the Criminal Act;