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(영문) 대전지방법원 2017.11.22 2017고단3797
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 May 30, 2008, the Defendant was issued a fine of KRW 500,000 to the Daejeon District Court for a violation of the Road Traffic Act (drinking driving), and a fine of KRW 3 million to the same offense in the same court on June 12, 2014, respectively.

The defendant is a person who has been punished for committing a violation of the Road Traffic Act (drinking) at least twice, and is a person who drives B K7 cars.

On September 4, 2017, the Defendant driven the said car from around 948 to about 80 meters from around 83 meters from Daejeon Jung-gu, 0.176% alcohol level while under the influence of alcohol leveling to 0.176% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. An explanatory note;

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

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: The fact that three times the criminal records of drinking alcohol driving, the circumstances favorable to the substantial high drinking volume of this case’s drinking alcohol: The confession and reflectability, and the fact that all the records of the above drinking driving are the records of fines; and

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