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(영문) 대전지방법원 2017.06.09 2017고단1423

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

The Defendant, at the Daejeon District Court on August 17, 2007, issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act, and on November 19, 2015, the Defendant violated the prohibition of drinking regulations by receiving a summary order of four million won or more for the same crime from the same court.

Nevertheless, on March 23, 2017, the Defendant, from the roads in front of the mutual unfash in the city of 01:10 on the Yancheon-si to the new bill removal warehouse located in Sejong-si, Sejong-si, Seoul-si, Seoul-si, to the roads in front of the new bill removal warehouse located in 232-14 on the 30km section, driving B in the state of under the influence of alcohol concentration of about 0.069% in alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports (report on confirmation of the records of suspect drinking driving);

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 suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and reflective circumstances that are favorable to the two times the criminal records of drinking driving, the fact that all of the records of driving the above drinking alcohol are the power of fine, and the influence of drinking alcohol is not high;