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(영문) 대전지방법원 홍성지원 2017.10.18 2017고단583

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On December 15, 2006, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on August 30, 2013, a summary order of KRW 1 million for the same crime was issued, respectively. < Amended by Act No. 11954, Aug. 30, 2013>

[2] Although Defendant 1 had been punished for drinking driving two times on July 21, 2017, Defendant 2 was under the influence of alcohol content of 0.138% among blood transfusions on July 21, 2017, Defendant 2 driven B in the 700-meter B in the area of 700 meters in front of the restaurant, Jinsan-gun, 14-7, Jinsan-gun, Jinsan-gun, 14-7, Jinsan-gun, Jinsan-gun, 197.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver placed in the main place, statement of alcohol during blood and notification of the results of the crackdown on drinking;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiries about criminal history, investigation reports (Evidence List No. 19), and judgment text;

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. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

There is a record of being punished several times for the same crime that the crime of this case was committed.