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(영문) 대전지방법원 천안지원 2017.08.10 2017고단1125
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[M] On November 5, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court on November 5, 2007. On October 8, 2015, the Defendant received a summary order of KRW 2 million for the same crime.

[2] On April 19, 2017, the Defendant driven a BM7 car at approximately 100 meters away from the 100-meter road to the front day of the Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-dong in the same way as the Defendant was under the influence of alcohol content of 0.183% during blood around 00:11.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Reporting on the detection of drinking drivers, notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, response to a request for appraisal, and report on the detection of drinking drivers (blood collection results);

1. Statement report and investigation report on the circumstances of a drinking driver (the records of violations that constitute the provisions of Article 148-2 (1) 1 of the Road Traffic Act);

1. Application of a reply to inquiry, such as criminal history, and the application of a summary order under Part II of the Act and subordinate statutes;

1. Relevant Article and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds of sentencing under Article 62-2 of the Criminal Act for the provision of an order to attend a lecture (the alcohol concentration in blood measured by the repulmonary measurement method was 0.108%), the circumstances leading to the detection of alcohol driving, the records leading to criminal punishment for drinking driving, the Defendant has no record of criminal punishment except for the first criminal record, community service content through blood donation, the Defendant’s property status, etc.

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