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(영문) 대전지방법원 논산지원 2016.09.20 2016고단348
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 23, 2009, the Defendant received a summary order of KRW 500,000 from the Jeonju District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act (driving). On September 30, 2010, the Defendant received a summary order of KRW 3 million as an identical crime from the Cheongju District Court’s Incheon Branch Branch.

[Criminal facts] On June 30, 2016, the Defendant driven Bone Star Sheet while under the influence of alcohol content of about 0.203% in a about 500m section from the front of a mutually aesthetic restaurant in the Sung-dong, Sung-dong, Sung-dong, Sung-dong, Sung-dong, Sung-dong to the original salary distance of about 500m to about 595 Myeon-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the defendant again committed the instant crime despite the fact that he/she had been punished several times for the same kind of crime.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant is against the mistake, the degree of alcohol concentration (0.203%) in the blood of the defendant at the time of driving, the age, environment, criminal records, criminal records, circumstances after committing the crime, etc.

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