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(영문) 대전지방법원 2017.07.05 2017고단1665

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 September 30, 2008, the Defendant was sentenced to a fine of 500,000 won for a crime of violating the Road Traffic Act at the Daejeon District Court on September 30, 2008, and was sentenced to a fine of 3 million won on April 11, 2014 by the same court as the same crime, and thus violated the prohibition of drinking regulations on two or more occasions.

Nevertheless, on March 13, 2017, around 22:55, the Defendant driven B K3 cars under the influence of alcohol content of 0.125% while under the influence of alcohol at approximately 1km from the home flusium in the Dong-dong, Daejeon to the roads in front of the quality of the motor vehicle located in the same Gu-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes of a reply to inquiry, such as criminal history, and a report on investigation (Attachment of the previous and summary order attached thereto);

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. 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. The fact that the above crime was committed in spite of two times the same criminal records as the sentencing reasons under Article 62-2 of the Criminal Act, and again, the fact that the above crime records are both fines, and the confessions and reflects are considered as favorable circumstances.