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(영문) 대전지방법원 2017.06.21 2017고단1279
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 May 24, 2010, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Daejeon District Court on May 24, 201, the same court on July 11, 201, the same court on July 11, 201, and the fine of three million won for a crime of violating the Road Traffic Act. On November 28, 2013, the Defendant was sentenced to a fine of five million won by the same court on November 28, 201.

On March 14, 2017, the Defendant was under the influence of alcohol content of 0.058% during blood transfusions on March 14, 2017. The Defendant driven a knive car at approximately 3km from the flive road on the flive road in the Pungnam-gun Pungsan Man-gun, and from the flive road on the flive road in front of 302.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order, such as a copy of the same type of crime record);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Determination of a sentence that leads to confessions and reflects in favor of four times the criminal records of the same kind of crime, and that all the records of the above drinking driving crimes are the records of fines: The above circumstances are different from the above circumstances, and the various conditions of sentencing specified in the argument of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc.

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