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(영문) 대전지방법원 천안지원 2017.12.22 2017고단2232
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

[criminal history] On August 4, 2010, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daejeon District Court's Support on April 16, 2012, and a summary order of KRW 1.5 million for the same crime from the same Support on April 16, 2012, and was sentenced to a probation order of KRW 1.5 million for the same crime on June 26, 2014, and was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (driving) on at least two occasions.

[2] On September 12, 2017, the Defendant driven a mixed-use fish code car under the influence of alcohol level of about 0.093% from a section of about 500 meters of alcohol level to a fluorian road located in the Seongbuk-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu to the fluorian road.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Inquiries about criminal history, reporting the results of confirmation of the previous convictions and the application of statutes of the judgment;

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. In light of various sentencing conditions indicated in the instant trial proceedings, including the observation of protection and community service order, the community service order, the order to attend a lecture, and the order to attend a lecture, which were subject to criminal punishment several times for the same crime with the same reason for sentencing under Article 62-2 of the Criminal Act, the fact that a person disposes of a vehicle and again does not drive a drinking again is against the disposition of the vehicle, the fact that the person is receiving medical treatment related to the existence of alcohol, and the drinking volume,

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