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(영문) 대전지방법원 2016.04.29 2016고단728

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 1, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic laws at the Jeju District Court on May 1, 2008, and a fine of KRW 4 million for a violation of road traffic laws at the Jeju District Court on October 30, 2009. < Amended by Act No. 11000, Jan. 5, 2011; Act No. 11006, Jan. 5, 2011>

On February 6, 2016, the Defendant driven a BM5 vehicle under the influence of alcohol at least 0.197% alcohol concentration at approximately 1.5km section from the 1.5km section to the roads near the small-type sprink, in a document document form, around 14:00, the Defendant driven the BM5 vehicle under the influence of alcohol at around 0.197%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the result of regulating driving of drinking alcohol;

1. Application of the statutes written in reply to inquiries, such as 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. The following factors are considered: (a) four times of a fine for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) one time of suspension of execution; (c) the degree of alcohol content in the blood of this case is very high; (d) the occurrence of a traffic accident; and (e) reflects, etc.