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(영문) 대전지방법원 서산지원 2017.04.13 2016고단761

도로교통법위반(음주운전)

Text

1. The punishment of the accused shall be one year;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On January 16, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic law in the Seosan Branch of the Daejeon District Court on June 201, and on December 23, 2009, the Defendant was sentenced to a summary order of one million won or more for the same crime in the same court on December 23, 2009.

On October 30, 2016, the Defendant driven C QM5 car under the influence of alcohol concentration of about 0.061% from the 300m section to the 7569-2nd road, where the door line located in the Jinyeong-gu Saeng Saem Saem Saem Saemn Saemn Saemn Saemn Saemn Saemn Paemn Paemn Paemn Paemn Paemn Paemn Paemn Paemn Paemn Paem

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend, repeated the driving of a second alcohol even though he/she had a record of being punished for driving under drinking.

The defendant lacks the awareness of compliance seriously.

I seem to appear.

Although the defendant should be punished strictly, the defendant is expected to be aware of through the implementation of an order to observe the protection, observe the order, and attend the lecture in consideration of the details leading to the driving of the case, driving distance, alcohol concentration, etc. revealed in the public trial and investigation records, and finally, the defendant will be faced with the order, and the punishment shall be determined like the order.