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(영문) 대전지방법원 천안지원 2017.11.22 2017고단2313
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 November 3, 2014, the Defendant received a summary order of KRW 3 million from a fine due to a violation of the Road Traffic Act, and on May 14, 2012, the Defendant received a summary order of KRW 3 million from a fine due to a violation of the Road Traffic Act.

On September 20, 2017, while under the influence of alcohol level of 0.094% among blood transfusion around 20:30, the Defendant driven Bkn-P car at the section of approximately 3.4 km from the front of the house to the front of the Gao-dong Ga Center at Asan-si from the front of the house to the front of the Gao-dong Gao-dong.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is likely to be criticized in that the Defendant committed the instant crime even though he/she was punished due to drinking driving several times in the past.

However, the defendant recognizes his mistake and is against his will.

There was no accident.

In addition to this, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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