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(영문) 대전지방법원 2018.01.23 2017고단4273
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

On July 28, 2006, the Defendant received a summary order of KRW 700,000 from Daejeon District Court to a fine of KRW 700,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on June 7, 2007.

On September 26, 2017, while under the influence of alcohol content of 0.122% among blood transfusions, the Defendant driven CWz car from the Pungcheon-gu, Seo-gu, Seo-gu, Daejeon to the front way of the restaurant to the 2nd way of the Dong community center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the investigation report (verification of 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. 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. Consideration of the grounds for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol content in the blood of this case, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2011, other than twice a fine for drinking driving, etc., shall be taken into account, such as the history of a fine imposed.

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