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(영문) 대전지방법원 2018.01.29 2017고단4184
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

【The Defendant issued a summary order of KRW 7,00,000 on July 6, 2015 to a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on the grounds of a violation of the Road Traffic Act, and a summary order of KRW 2,00,000 on March 31, 2017 to a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on March 31, 2017, respectively.

【Criminal fact-finding on July 11, 2017, the Defendant driven a car with B cryp in the state of alcohol content of 0.137% at around 01:20, and operated a 2-meter distance within the Daejeon Building B, Daejeon Building B.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Report on the circumstances of driving of the main office, the ledger of driver's licenses for motor vehicles, and inquiries about administrative dispositions;

1. Written reply to inquiries, such as criminal history, and the application of Acts and subordinate statutes in response to inquiries, Daejeon District Court Decision 571 High Court Decision 2017 High Court Decision 571, 2015 High Court Decision 5442 High Court Decision 5442

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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. Although taking lectures and community service order Article 62-2 of the Criminal Act twice the same kind of force for sentencing, if considering the repeated driving of drinking and the high drinking level, etc., the defendant should be punished strictly. However, the fact that the defendant is found to be erroneous and the defendant's age, sexual behavior, family environment, etc. and all of the sentencing conditions shown in the records, such as the defendant's age, family environment, etc. shall be determined as ordered by the order.

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