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(영문) 대전지방법원 2017.09.20 2017고단2255

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

On March 30, 2010, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (drinking driving), etc. at the Daejeon District Court on March 30, 201, on October 13, 201, to a fine of KRW 1 million for a violation of the Road Traffic Act (drinking driving), etc. at the Daejeon District Court on October 13, 201, and on April 3, 201, at the Daejeon District Court on April 3, 201, for a violation of the Road Traffic Act (drinking driving).

Criminal facts

On May 25, 2017, the Defendant driven a vehicle of 300 meters from the Do in the front of Seo-gu Daejeon, Seo-dong, Seo-gu, Daejeon to the front of the same Gu Galmadong, with approximately 400 meters alcohol concentration 0.114% under the influence of 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: Inquiry about criminal history and application of Acts and subordinate statutes concerning investigation reports (judicial records related to 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. 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: Determination of a sentence that leads to the confession and reflect of the crime committed again even three times the criminal records of drinking driving: The above circumstances are different from the defendant's age, sex, environment, motive, means and consequence of the crime, various conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, etc.