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(영문) 대전지방법원 2016.11.29 2016고단3201
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant issued a summary order of KRW 1 million at the Daejeon District Court on June 13, 2008 to a fine of KRW 1 million for a violation of the Road Traffic Act, and a fine of KRW 2.5 million at the same court on May 29, 2009 for the same crime.

At around 15:10 on September 17, 2016, the Defendant driven a B1 ton of freight from the front of the Food Dowon restaurant located in the Jung-gu Daejeon-gu Daejeon-dong to the middle-gu restaurant located in the same Ambassador-dong of the same Gu from September 17, 2016 to the middle-gu restaurant located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Images of drinking photographs;

1. Application of Acts and subordinate statutes in which investigation reports are entered;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Consideration of the reason behind sentencing under Article 62(1) of the Criminal Act, the refusal of measurement of drinking and the record of the punishment of fine three times before 2009 due to drinking driving, including the blood alcohol concentration in this case.

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