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(영문) 대전지방법원 2017.11.07 2017고단3210
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] The defendant is a person who has been notified of a summary order of a fine of 1.5 million won for a crime of violating road traffic law in the support of the Sungnam-gu Friwon on June 22, 2007, and 2 million won for a crime of violating road traffic law at the Daejeon District Court on January 16, 2017.

[2] On July 3, 2017, the Defendant was under the influence of alcohol content of 0.094% during blood transfusion at around 23:35 on July 3, 2017, the Defendant driven CK3 car at a section of about 200 meters from the Do in front of the current cancer market located in Daejeon Samsungdong-dong, Daejeon to the road lower than the Hongdo road located in the same Gu.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driven under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Photographs related to the control;

1. Previous convictions in judgment: Inquiries about criminal history (A), investigation reports, and application of the provisions of Part II Acts and subordinate statutes to summary orders;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that driving of an order to attend a lecture under Article 62-2 of the Criminal Act is in danger of not only the defendant himself/herself but also other persons with no knowledge, and the defendant is highly likely to repeat the crime in light of the fact that he/she has been punished two times or less within 10 years, and that there is a record of punishment for driving under drinking, including the record of punishment for driving under drinking, four times as a fine, and one time as a suspension of execution, etc., the crime liability is not provided against him/her.

However, the defendant makes a confession and reflect on the crime, and sells the vehicle after the accident.

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