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(영문) 대전지방법원 2016.09.29 2016고단2203
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of four million won for a violation of road traffic law in the front state district court's branch court's branch court's order on April 29, 2009, and was sentenced to a suspended sentence of two years for a violation of road traffic law at the Daejeon District Court's order on October 26, 201, and was sentenced to a suspended sentence of two years for a violation of road traffic law at the Daejeon District Court's order on May 6, 201, and was sentenced to a fine of seven million won or more for a violation of road traffic law (driving) at the Daejeon District Court's order on May 6, 2013.

[2] On July 12, 2016, the Defendant, while under the influence of alcohol content of 0.147% during blood transfusion around 21:45, driven a coo car in the section D from approximately 600 meters to the front day of the new town located in the same city-gu Jungdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. An explanatory note;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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. The reason for sentencing under Articles 53 and 55(1)3 (i.e., circumstances favorable to the defendant among the reasons for sentencing) of the Criminal Act (i.e., sentencing), despite the fact that the defendant had been punished six times due to a violation of the Road Traffic Act (i.e., a punishment five times, a suspended sentence one time), once again driving under the influence of alcohol, which is a crime of this case.

On October 26, 2011, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws at the Daejeon District Court on the grounds of a violation of road traffic laws, etc., and the said judgment became final and conclusive. The Defendant committed a violation of the same Act on the Road Traffic during the suspended sentence period.

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