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(영문) 대전지방법원 천안지원 2017.05.11 2016고단2691
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 Force of Crimes】 On March 7, 2008, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court on September 30, 2014 as a crime of violation of Road Traffic Act (drinking driving) at the Suwon Flag Flag on March 7, 2008, and a crime of violation of Road Traffic Act (drinking driving) at the Incheon District Court on September 30, 201, and was punished for the same crime two times more.

【Inasmuch as Defendant 1 violated Article 44(1) of the Road Traffic Act on at least two occasions, he/she again driven a cub motor vehicle in C at a section of about five km from the two west-gu, Seo-gu, Seoan-gu to the front road of the same Sim-dong in the same city, under the influence of alcohol level of 0.124% among blood transfusion around 00:10 on November 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes governing a summary order by adding an inquiry letter, such as criminal history, investigation report (examination of criminal history of the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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. The grounds for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures are as follows: (a) although the defendant had already been punished for drinking over several times, he/she drives drinking again; (b) the defendant recognizes and reflects his/her mistake; and (c) the defendant's age, sex, environment, motive and circumstance of the crime; and (d) the conditions for all the sentencing, including the circumstances after the crime, shall be determined as ordered.

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