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(영문) 대전지방법원 천안지원 2017.08.31 2017고단1357
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[M] Violation of Article 148-2 (1) 1 of the Road Traffic Act, which constitutes a violation of Article 148-2 (1) 1 of the Road Traffic Act / The defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving in drinking) from the support of the Suwon Flag Flag on March 31, 2009, and on August 22, 2012, the charge of a fine of KRW 3,50,000 as a crime of violation of the Road Traffic Act (driving in drinking) from the Suwon Flag Flag on August 22, 2012, it is clear that the charge of a fine of KRW 3,50,000,00 is a clerical error in the statement of inquiry, such as criminal history, and the investigation report

received a summary order.

[2] On May 20, 2017, the Defendant, while under the influence of alcohol 0.161% during blood transfusion around 22:50 on May 20, 2017, operated Samsung 1.5 Kmp bicycle in the B QT engine device at approximately 1.5 Km of approximately 1,5 Km for the same side from Agsan-si gyp-distance transportation island at Agsan-si 2 Lasan-si.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. A report on traffic accidents and a survey report on actual condition;

1. An accident scene photograph;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Photographs (the history of violating Article 148-2 (1) 1 of the Road Traffic Act);

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

1. Relevant Article and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason of sentencing under Article 62-2 of the Criminal Act, the frequency of detection of drinking alcohol, the records of criminal punishment for drinking drivers, and the accused are four times before and after the suspension of the execution of imprisonment with prison labor, except for the first head of the crime, but the accused has been both subject to the suspension of the execution of imprisonment and two times after the suspension of the execution of the sentence, and the family relationship of the accused are considered.

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