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(영문) 대전지방법원 서산지원 2014.08.12 2014고단410
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On March 19, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court, and on June 11, 2009, the same court issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving), and on April 22, 201, at the same court, on August 16, 201, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) and completed the execution of the sentence on August 16, 201, and was in violation of Article 44(1) of the Road Traffic Act at least twice.

【Criminal Facts】

1. On April 23, 2014, the Defendant, while under the influence of alcohol on 0.115% of the blood alcohol content, was driving a DDDDD-based car in the section of approximately 8 km from the front side of the Central Funeral Center in the Doi-Eup of Songjin-si to the front side of the point in the Republic of Korea in the East Agricultural, Agricultural, and Forestry in the Eup of the same Eup.

2. On April 25, 2014, at around 20:59, the Defendant, while under the influence of alcohol, driven a DNA car in approximately 6km section from the former terminal located in the Dong-dong, Sinjin-si, 0.321% of alcohol content to the front route of the Dana in the same Sindong-si, Songjin-si, Songjin-si, Songjin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, and report on the detection of drinking drivers;

1. Previous records of judgment: Inquiries, investigative reports (verification of the facts of the principal crime during the period of repeated crimes), application of Acts and subordinate statutes to investigation reports (report on the records of driving under the same kind of alcohol as a suspect);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act lies in two times during the period of repeated crimes resulting from the same crime, even though the defendant had been punished several times due to drunk driving.

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