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(영문) 대전지방법원 2017.05.30 2017고단1168
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

[criminal history] On June 9, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (dacting driving) at the Daejeon District Court, and on July 22, 2010, the same court was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (dacting driving).

[2] On March 11, 2017, the Defendant driven a BM5 vehicle under the influence of alcohol with approximately 0.076% alcohol concentration from the 1km section from the 09:25, Chungcheongnam-si, Chungcheongnam-si, Seocheon-si to the same city, Seocheon-si, Seocheon-si, to the Doncheon-si road on the Coastal Highway, the Defendant driven a BM5 vehicle under the influence of alcohol with approximately 0.076% among blood content.

Accordingly, the defendant, who violated laws and regulations related to drinking driving at least twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to the said judgment attached thereto);

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 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 among the reasons for sentencing)

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that are favorable to the fact that the criminal records of the same kind are three times or more due to the refusal of drinking alcohol measurement on February 10, 2014, such as the record of a crime subject to a suspended sentence on one occasion due to the refusal of drinking alcohol measurement on or around February 10, 2014: The higher amount of alcohol content during blood, there is no particular damage, the defendant's family and workplace did not repeat the crime, and the defendant's family and workplace wanted to keep the defendant from repeating the crime, and the defendant's family and workplace wanted to keep the defendant from repeating the crime, and each of the above circumstances, including the motive and background of the crime, time of the crime, time of the crime, distance from the time of the crime, and the period of the crime.

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