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(영문) 대전지방법원 천안지원 2018.04.27 2017고단2767
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On October 19, 2010, the Defendant was issued a summary order of KRW 7 million on September 22, 2016 as a crime of violation of road traffic law at the Daejeon District Court's branch office of the Daejeon District Public Prosecutor's Office, and was sentenced to a fine of KRW 7 million on September 22, 2016.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice as seen above, the Defendant driven B knife vehicle under the influence of alcohol concentration of about 0:184% from the 40-meter section of alcohol during blood to the front road located in the same Eup/Myeon, Seocheon-gu, Seocheon-si, Seocheon-gu, Seocheon-gu, Seoul, to November 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report and investigation report of the driver at the main place of business (the circumstantial statement of the driver at the main place of business);

1. (A) the application of an inquiry letter, such as criminal history, and the application of the Act and subordinate statutes to the investigation report (report on the same criminal history

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is a very dangerous crime that may cause unexpected behaviors not only one's own life but also another's life and family by raising the possibility of traffic accidents, and thus, in order to prevent this, the defendant is bound to bear strict responsibility for the act related thereto. The defendant committed the crime of this case even though he had the record of driving drinking twice, and the defendant committed the crime of this case. Meanwhile, the defendant led to the confession and reflect of the crime of this case, and the defendant has no criminal record other than the above drinking driving power, etc., by taking into account all other circumstances revealed in the records of this case and the theory of changes, the sentence as ordered shall

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