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(영문) 대전지방법원 천안지원 2017.04.21 2017고단212
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 record] On December 30, 2008, the defendant has the same kind of history, such as the suspension of indictment by a branch office of the Daejeon District Public Prosecutor's Office on December 30, 2008 due to a violation of road traffic laws (driving of alcohol), and the receipt of a summary order of KRW 1 million from the Daejeon District Public Prosecutor's Office on October 11, 2012 to the above crime.

[2] The Defendant, as seen above, was a person who has violated Article 44(1) of the Road Traffic Act twice or more, and driven BM5 car from around 2 km to the front road of a gas station located in the Nam-gu, Nam-gu, Chungcheongnam-gu, Nam-gu, Incheon-si, under the influence of alcohol leveling to 0.20% of the alcohol level from around 19:10 on December 18, 2016, while under the influence of alcohol leveling from around 19:20% of the alcohol level among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (a copy of a summary order and confirmation of the same kind of force);

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

1. Considerations such as repeated crimes of the same kind for the reasons of sentencing under Article 62-2 of the Criminal Act, the observation of protection and order to attend lectures, the reflection of such crimes, the absence of criminal punishment heavier than suspended execution, and the drinking volume;

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