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(영문) 대전지방법원 2017.11.30 2017고단3621
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 October 5, 2007, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic law at the Daejeon District Court, and on September 25, 2008, the Defendant was sentenced to a suspended sentence of 2 months for the same crime in the same court.

The defendant is a person who has been punished for committing a violation of the Road Traffic Act on at least two occasions, and is also a person who drives B Coin, a cargo vehicle.

On August 24, 2017, the Defendant driven the foregoing cargo vehicle at approximately 20 meters in front of Daejeon-gu, Daejeon-gu, while under the influence of alcohol content of 0.108% among blood transfusions on August 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on driving alcohol;

1. Blucs and video CDs;

1. On-site photographs;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry 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. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Defendant’s Act provides that the Defendant’s age, sex behavior, environment, motive, means and consequence of the crime, and the fact that the Defendant has no record of criminal punishment after September 2008 shall be considered in favor of the Defendant, five times (Article 51 of the Criminal Act), including the record of the criminal records as indicated in the judgment of the Defendant, shall be punished four times). The current Road Traffic Act provides that more strict punishment shall be imposed on a person who violates the provision prohibiting driving of drinking, and the fact that a traffic accident due to the driving of drinking by the Defendant has occurred due to the circumstances unfavorable to the Defendant, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the execution of the sentence shall be suspended after comprehensive consideration of

1. Protection observation, community service order, and ..

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