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(영문) 대전지방법원 서산지원 2016.10.27 2016고단614
도로교통법위반(음주운전)
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On October 29, 2012, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on October 29, 2012, and on August 13, 2009, the Defendant was issued a summary order of a fine of 1.5 million won for the same crime at the same court on August 13, 2009, and was punished two times or more for a violation of the Road Traffic Act.

At around 14:29 on September 7, 2016, the Defendant driven a B-hurd motor vehicle under the influence of alcohol concentration of about 500 meters from the front of a restaurant where it is impossible to identify the trade name of the head of the Sinjin-dong Park, Jin-si, the Defendant driven the B-hurd motor vehicle with the influence of alcohol concentration of about 0.08% from the front of the restaurant to the front of 27th roads.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order, etc. attached to the same type of power);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (All kinds of conditions of sentencing, including the Defendant’s age, character and conduct, the environment, the background, means and consequence of the crime, and the circumstances after the crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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