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(영문) 대전지방법원 2016.10.07 2016고단2189

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for seven months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Criminal power is a person who was sentenced to a fine of one million won by the Daejeon District Court on April 22, 2008 for a violation of the Road Traffic Act, and was sentenced to a fine of two million won by the Daejeon District Court on July 10, 2009 for a violation of the Road Traffic Act.

Criminal facts

At around 23:00 on June 3, 2016, under the influence of alcohol with 0.173% of blood alcohol concentration, the Defendant driven C rocketing car at a section of approximately 500 meters from the front of the Seo-gu Daejeon Seo-gu Daejeon Seo-dong Gambadong, Seo-gu, Daejeon to the front of the Gambadong, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records: Application of inquiry records such as criminal records and investigation reports (Attachment of the same criminal records);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 (1) of the Criminal Act: The circumstances favorable to the fact that the person committed the instant crime even three times the criminal records of drunk driving, which are more favorable to the fact that he/she committed the instant crime: The three times the same criminal records, but all of them are fine records, the fact that it has been seven years prior to the final record of the crime of drunk driving, and