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(영문) 대전지방법원 천안지원 2017.11.23 2017고단2304

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[M] On April 21, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Daejeon District Court’s Support on April 21, 2014. On February 9, 2015, the same court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving).

[2] On September 2, 2017, the Defendant driven a B rocketing car at approximately 2 km section on the front of the National Bank located in the same Gu, where the name in the Sung-gu, Seo-gu, Seo-gu is unknown while under the influence of alcohol content of 0.0% in blood around 13:00.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Report on the crackdown on drinking drivers, report on the results of crackdown on drinking driving, report on the situation of the driver under driving, and investigation report (report on the situation of the driver under driving under drinking);

1. On-site photographs (electric power violating Article 44 (1) of the Road Traffic Act at least twice);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant provisions 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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds shall be repeatedly considered);

1. Taking into account the reason of sentencing under Article 62-2 of the Criminal Act, the degree of drinking alcohol, the circumstances leading to the detection of drinking alcohol, and the fact that the fine imposed in 197, except for the criminal records, is the entire criminal records.