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(영문) 대전지방법원 2016.07.15 2016고단1477
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 12, 2013, the Defendant received a summary order of KRW 7 million from the Daejeon District Court to a fine of KRW 1.5 million due to a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 1.5 million from the same court on December 23, 2008 to a crime of violating the Road Traffic Act (drinking driving).

On April 19, 2016, at around 13:25, the Defendant driven a B dial with alcohol concentration of about 0.258% while under the influence of alcohol at around about 1km from the front of the inlet-dong Home Stacker in Daejeon to the front of the same knife Packer road in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the results of crackdown on driving alcohol;

1. Application of the Acts and subordinate statutes in which an investigation report (Attachment to a summary order) is entered;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution include: (a) alcohol concentration and radius; and (b) the fact that there is no record of punishment other than that of fines three times in the blood of this case.

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