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(영문) 대전지방법원 천안지원 2017.09.22 2015고단584
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

[criminal history] On March 11, 2010, the Defendant issued a summary order of KRW 1,500,000 to a fine of KRW 1,500,000 as a crime of violating road traffic law (drinking) at the support of the Daejeon District Court on March 11, 201, and on May 14, 2012 by the above court, for the same crime, etc.

[2] The Defendant: (a) was a person who violated Article 44(1) of the Road Traffic Act not less than twice; and (b) was under the influence of alcohol from around 08:20 on March 1, 2015 at around 08:110% of the alcohol level among blood transfusions; (c) was driving a C-Scar car in the five-meter section from the front day of the mutually undeveloped drinking house located in Asan City, a hot spring dong to the front day of the same location “Saguk” at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking alcohol and reporting on the situation of the driver of drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same kind of force);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of the fact that there is a record of performing the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the order to observe the protection and attend lectures is contradictory, and the drinking volume

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