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(영문) 대전지방법원 서산지원 2017.08.17 2017고단481

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 July 31, 2008, the Defendant was issued a summary order of KRW 2,50,000,000 for a fine due to a violation of road traffic law (driving) in the Seosan Branch of the Daejeon District Court, and on January 22, 2009, issued a summary order of KRW 3 million for the same crime, etc. in the Seosan Branch of the Daejeon District Court.

On April 20, 2017, the Defendant continuously driven Csch Rexton car in the state of alcohol with approximately 0.212% alcohol concentration in blood from around 11k to the front road of the public parking lot located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do around 22:28 on April 20, 2017. On the same day, the Defendant continued to drive the said Csch Rexton car in the state of alcohol alcohol concentration of about 0.225% in blood alcohol concentration on the front road of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

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 survey report on actual condition and photographs of each site;

1. Statement on the circumstances of the driver at each driving school;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous one and a copy of the 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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);