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(영문) 대전지방법원 홍성지원 2017.07.05 2017고단247

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On November 1, 2012, the Defendant was issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (dacting driving) at the Changwon District Court's Jinju branch on November 1, 201, and a summary order of KRW 1.5 million as a fine for the same crime at the same court on September 21, 2014, respectively.

[ 범죄사실] 피고 인은 위와 같이 음주 운전으로 2회 이상 처벌 받은 전력이 있음에도 불구하고, 2017. 3. 5. 07:30 경 충남 홍성군 홍성읍에 있는 대전지방법원 홍성 지원 앞 도로에서부터 같은 군 광천읍 신진리 단아래 사거리 앞 도로에 이르기까지 약 8km 구간에서 혈 중 알콜 농도 0.115% 의 술에 취한 상태로 B 포 르 테쿱 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written control report, a statement on the circumstances of the driver involved in the case, a report on the detection of the driver involved in the case and a response to the request for appraisal;

1. Before judgment: Application of the Act and subordinate statutes of inquiry about criminal history, investigation report (Evidence List No. 13), and summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The fact that the crime of this case is committed, and there is no record of being punished more than a suspended sentence, and there is a record of being punished several times for the same crime.