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(영문) 대전지방법원 2017.07.21 2017고단1815
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 4, 2010, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law at the Daejeon District Court on February 4, 2010, and was sentenced to a summary order of three million won due to a violation of road traffic law at the same court on February 13, 2012, and on January 24, 2013, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic law.

On April 27, 2017, at around 22:00, the Defendant driven B-be cargo at a level of about 300 meters alcohol concentration at around 0.111% from the 300-meter section to the roads in front of the forestry cooperative in Sejong City, a Sin-si, a Sin-si, Seoul Special Self-Governing Province, for the same day from the 22:05 day to the 32:05 day.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the investigation report (Attachment to the same kind of power);

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking 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. Consideration of the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the degree of alcohol concentration in the blood of this case, and the records of punishment five times including suspended sentence due to drinking driving, etc.

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