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(영문) 대전지방법원 천안지원 2016.10.07 2016고단1456

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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】 On February 13, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the support of the Daejeon District Court on February 13, 2008, and was issued a fine of KRW 3.5 million for a violation of the Road Traffic Act from the Suwon District Court on April 28, 2014 to a fine of KRW 3.5 million for a violation of the Road Traffic Act.

【Criminal Facts” around 10:20 on July 17, 2016, the Defendant driven a B-learning car under the influence of alcohol concentration of approximately 0.224% from the 1km section of approximately 1km to the front road of the Hong-Sk Sports Center in Yan-dong, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of a drinking driver, notification on the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of each summary order statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. The sentence as ordered shall be determined by taking into account the various sentencing conditions shown in the trial proceedings of this case, including the fact that there is the same record of sentencing under Article 62-2 of the Criminal Act, the time of committing the crime, the fact that the offender is committing the crime, and the drinking water taking