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(영문) 대전지방법원 서산지원 2017.09.21 2017고단642
도로교통법위반(음주운전)
Text

1. The punishment of the accused shall be one year;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 14, 2008, the Defendant was issued a summary order of a fine of two million won for a violation of road traffic law in the Hongsung Branch of the Daejeon District Court on July 14, 2008, and on September 29, 2009, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic law in the same court on September 29, 2009.

On June 10, 2017, the Defendant driven a vehicle with alcohol level of approximately 0.257% during blood while under the influence of alcohol level of about 5 km from the front of the Hancheon-gu, Seosan-si to the front road of the Grand church located in the same Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

1. Previous convictions: Inquiries about criminal history, reporting of the previous convictions of each disposition, results of confirmation, and application of the text of the judgment, and the text of the summary order;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, the selection of a sentence of imprisonment;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend, as the defendant repeats drinking even though he had been punished for driving under drinking, the defendant should be strictly punished. However, considering the circumstances, driving distance, etc. of the instant case revealed in the trial and investigation records, the defendant is expected to be aware of through the implementation of an order to attend a lecture, and the defendant will be able to take the last place and determine the sentence like the order.

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