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(영문) 대전지방법원 2017.09.27 2017고단984
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 11, 2011, the Defendant was sentenced to a fine of KRW 2,50,000 to a fine of KRW 2,50,000 due to a violation of road traffic law (driving alcohol) at a military court via the 2nd Military Military Operations Report on March 11, 201, and a fine of KRW 4,50,000 to a general military court of the 32nd Military Association on September 24, 2013, respectively.

On February 5, 2017, the Defendant was under the influence of alcohol content of 0.118% during blood transfusion at around 01:40, and was driving B rocketing car at approximately seven kilometers from the front of the 32 association in the form of a three-dimensional salponse, in the form of a three-dimensional salponse, to the front of the city-won-Eup in the form of a three-dimensional salponse in the form of a three-dimensional salponse.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of written inquiries about criminal history and Acts and subordinate statutes;

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. 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Determination of a sentence to the effect that there are three times the criminal records of traffic-related crimes including two times the criminal records of drinking driving, and that the traffic accident was committed while driving in a drinking condition: The confession and reflection are made: The above circumstances differ from the above circumstances, and the various conditions for sentencing as shown in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc.;

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