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(영문) 대전지방법원 2017.06.14 2017고단962
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 23, 2007, the Defendant violated the provision prohibiting driving of drinking by a person who has received a summary order of KRW 3.5 million due to a violation of the Road Traffic Act at the Daejeon District Court on March 21, 2008, and a violation of the Road Traffic Act at the Daejeon District Court on March 21, 2008.

On March 3, 2017, around 23:15, the Defendant driven a rocketing car under the influence of alcohol with approximately 10 meters alcohol concentration of 0.108% from the 10m section to the 2nd road of the 2nd Dong office located in the Seo-gu, Seo-gu, Daejeon, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as inquiries about criminal history;

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. An order to attend a lecture and an order to attend a community service order three times a fine due to the suspension of drinking, etc. under Article 62-2 of the Criminal Act, shall be imposed in consideration of the circumstances unfavorable to the defendant, the fact that there is no criminal record of suspension of execution or higher, and other factors such as the defendant's age, sexual behavior and environment, etc., taking into account the following factors:

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