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(영문) 대전지방법원 서산지원 2017.06.29 2017고단399

도로교통법위반(음주운전)

Text

1. The punishment of the accused shall be one year;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On November 2, 2011, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court, and on March 20, 2013, the Defendant was issued a summary order of KRW 4.5 million for a crime of violating the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on March 20, 201, and on March 17, 2017, the Defendant was issued a summary order of KRW 8 million for a crime of violating the Road Traffic Act (driving).

On February 28, 2017, the Defendant driven BYF rocketing car in the state of alcohol alcohol concentration of about 0.263% from the section of approximately 3km from the 41-10-day Pungcheon-ro, 1,000, to the front road of the Jinjin Citizens' Center at the same Seo-ro, Seo-ro, 139.

Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, the selection of a sentence of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act ( comprehensively taking into account various conditions of sentencing, such as the age, sex, environment, background, means and consequence of the crime, and the circumstances after the