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(영문) 대전지방법원 2016.09.23 2016고단1988
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 January 30, 2012, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daejeon District Court on January 30, 2012, and on June 4, 2012, the same court issued a summary order of KRW 5 million for the same crime, etc.

Criminal facts

On June 23, 2016, under the influence of alcohol content of 0.095% among blood transfusion around 01:10, the Defendant driven a C-crin car from the roads near the Geongdong apartment apartment located in the Daejeon Seodong-gu, Daejeon to the roads near the Seodong-dong, Seogu, Seodong-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Inquirys such as criminal history and application of summary order-related 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 for protection and observation and attending lectures: The circumstances favorable to the fact that a person again commits the crime even though two times each of the past records of driving under drinking and driving without a license: The confession and reflectability, and all of the past records of the crime are the records of fines;

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