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(영문) 대전지방법원 2018.02.02 2017고단3959
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2009, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law in the Daejeon District Court's Support for Residents in the Daejeon District Court on April 4, 201, and a fine of KRW 1,50,000,000 as a crime of violation of road traffic law.

On September 19, 2017, the Defendant, while under the influence of alcohol content of around 0.166% during blood transfusion, driven a car free from approximately 2 km to B observer in the 2km section, from the front day of Sejong Sin-si Muwon-si, to the green distance of apartment.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The crime of this case was committed in spite of the fact that there was a past record of punishment several times for the same crime, the fact that drinking is high: The fact that the crime of this case is against the fact that there was no past record of criminal punishment exceeding the fine, and the defendant's age, sex, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by the order, taking into account the following factors:

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