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(영문) 대전지방법원 2017.04.20 2017고단176
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 26, 2010, the Defendant received a summary order of a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Daejeon District Court on February 6, 2012, the Defendant received a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Daejeon District Court on February 6, 2012, and on May 7, 2012, the Defendant received a summary order of a fine of 5 million won for a crime of violating the Road Traffic Act at the Daejeon District Court on May 7, 2012.

On December 22, 2016, at around 05:40, the Defendant driven Bsch Rexroth car under the influence of alcohol content of about 300 meters from a section of approximately 300 meters, from the front of the instant house located in the Dong-dong, Daejeon-gu, Daejeon to the front of the Dong-dong road located in the same Dong-dong.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Details of management of the statement on the circumstances of the driver at the main place and the master report;

1. An explanatory note;

1. Previous convictions in judgment: Investigation report (reports attached to the same summary order) - Application of a reply to inquiry, such as three copies of the summary order and criminal history, etc., by 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. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) provides that under the favorable circumstances against the defendant, the defendant has been punished three times for the same crime (Article 62(1)); the current Road Traffic Act provides that the defendant shall be punished more strictly in cases of a person who has violated the provision prohibiting drinking at least two times, such as the defendant's age, sexual behavior, environment, motive, means, and means of crime, under the unfavorable circumstances against the defendant.

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