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(영문) 대전지방법원 2016.03.11 2016고단144
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 20, 201, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of 3.5 million won on the grounds of a violation of road traffic law in the Seosan Branch of the Daejeon District Court on January 20, 201, by being sentenced to a suspended sentence of two years on April 26, 201 for the same crime in the same court, etc.

On September 13, 2015, the Defendant driven a H car 2, while under the influence of alcohol content of about 0.213% in blood, from the 1 Km section to the coast of the wild boar plar in which it is impossible to identify the adjacent trade name of the wild boar plar, which is located on the repair of the lst of the lst of the lst of the lst of the lst of the lst of the lst of the lst of the lst of the lst of the lst of the lst

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the report on detection of the primary driver;

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes in replys to inquiries, such as criminal history, investigation reports (formers and attachment of such judgments);

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantity are divided by the defendant. However, the defendant was punished for the same kind of crime several times, and the degree of alcohol content in blood is more than 0.2% at the time of driving of the instant drinking, etc., the punishment as ordered shall be determined by taking into account all the factors for sentencing, including the fact that the defendant was punished for the same kind of crime several times.

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