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(영문) 대전지방법원 2017.11.20 2017고단3766
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 history] On March 11, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act (driving) at the Daejeon District Court, and on September 18, 2014, the same court issued a fine of KRW 1.5 million as a fine for the same crime.

[2] On September 12, 2017, the Defendant was under the influence of alcohol content of 0.105% during blood transfusion around 23:51 on September 12, 2017, and the Defendant driven B Pool at the section of approximately 3 km from the front to the road of the same Gu’s Domina, “An apartment house, which is located on the road from the front to the road of the same Gu’s Domina” located in the Seo-gu Daejeon Island.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, the statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol), and the report on the driving of drinking alcohol;

1. Previous records: The application of the results of inquiry and investigation reports (Attachment to the same kind of power)-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

D. Unfavorable circumstances: The fact that he/she committed the crime of this case even though he/she had the record of punishment due to drinking driving, the fact that he/she committed the crime of this case again, the fact that he/she made a confession and reflects the fact that he/she has a significant high level of drinking value: the record of the

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