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(영문) 대전지방법원 천안지원 2017.04.21 2017고단179

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2010, the Defendant was sentenced to a fine of KRW 1 million for a violation of road traffic laws in the Daejeon District Court's Branch of the Daejeon District Court on October 22, 2010, and a fine of KRW 5 million for a violation of road traffic laws (driving alcohol) in the above court on September 10, 2012.

On December 11, 2016, around 17:00, the Defendant driven C benz E220 automobiles with alcohol concentration of 0.150% from the front day of the Seocho-gu Northern District to the front day of the elementary school of the Party.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

1. Considerations, such as the fact that criminal punishment has been imposed on several occasions for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the order to observe protection and attend lectures is against criminal punishment, the fact that there is no criminal punishment heavier than suspended execution