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(영문) 대전지방법원 2017.04.19 2016고단4521
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On December 13, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on July 16, 2016, on September 9, 2016, the Defendant filed an application for a summary order of KRW 7 million with the Daejeon District Court on September 9, 2016.

Nevertheless, the Defendant, while under the influence of alcohol content of 0.170% in blood around September 12, 2016, driven a B-to-be car from around 100 meters in the section of around 100 meters to the front of the restaurant in front of the Haak-dong, Daejeon-gu, and driving a B-to-be car from around 100 meters in front of the restaurant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Report on the circumstances of driving under the liquor:

1. (A), reporting on investigation (Attachment to the same type of judgment), reporting on previous convictions of disposition, and application of Acts and subordinate statutes after inquiring about criminal history, etc.;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. On July 16, 2016, the reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture or community service order shall be taken into account in an unfavorable circumstance that the instant crime was committed again within a short period, despite the control of drinking driving.

Considering the favorable circumstances, such as the fact that crimes are recognized and reflected, the fact that there is no previous conviction or more than suspended execution.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

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