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(영문) 대전지방법원 천안지원 2017.03.10 2016고단2293

도로교통법위반(음주운전)

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 8, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon Branch, and the same court issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) on October 29, 2010.

Although the Defendant had had a force of driving under the influence of alcohol two or more times as above, on October 20, 2016, he again driven the B-hand car from around 3 km-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yancheon-si to around 0.103% of alcohol concentration among the blood transfusion around 22:30 on October 20, 2016 to the road of about 6:86-25, the Defendant driven the B-hand car from around 3km-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is in charge of driving and the ledger on the use of drinking instruments;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (examination of suspect criminal history);

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. The grounds for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lectures are as follows: (a) Defendant again committed the instant crime even though he had the record of punishment for driving under drinking two or more times; (b) Defendant’s blood alcohol content was significant at the time of committing the instant crime; (c) Defendant’s criminal records; (d) Defendant’s criminal records; (e) Defendant’s criminal records; and (e) Defendant’s criminal records; (e) Defendant’s criminal records; (e) not causing traffic accidents; (g) it is clear that social relationship was not caused to his family members; and (e) Defendant’s detention appears to involve excessive difficulty for his family members; and (g) Other