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(영문) 대전지방법원 천안지원 2016.07.01 2016고단560
도로교통법위반(음주운전)
Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

On May 20, 2009, the Defendant issued a summary order of KRW 7,000,000 for a fine for a violation of road traffic law (driving), etc. at the Seocheon Branch of the Daejeon District Court on May 20, 200, and a fine of KRW 2,00,000 for a violation of road traffic law (driving) at the Daejeon District Court on March 13, 2009 and received each summary order of KRW 2,00,00 for a violation of road traffic law (driving) on at least two occasions.

On April 19, 2016, at around 22:53, the Defendant driven Cho-do car under the influence of alcohol with approximately 500 meters alcohol content 0.085% in blood from the front of the Yandong-dong-dong Yancheon-si, Yancheon-si to the front of the same Yandong-dong-dong road.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the statement report on the situation of the driver in charge of drinking and the ledger using the drinking instruments;

1. References to inquiries, such as criminal history, related written judgments, and application of the summary order statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The defendant committed the instant crime again, and disposed of the vehicle, even though he/she had the record of punishment (which has the record of probation) for the reason of sentencing under Article 62(1) of the Criminal Act in the suspension of execution on several occasions, by driving under drinking;

The transferee shall determine punishment as ordered by taking full account of all the circumstances shown in the trial of this case, such as the fact that the transferee is doubtful about the authenticity of the defendant, the fact that the defendant is aware of and against the crime, the fact that there is no record of criminal punishment after around 2009, and the alcohol concentration and driving distance in the blood of the defendant at the time of this case, and other circumstances shown in the trial of this case, including the age, sex, and environment of the defendant.

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