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(영문) 대전지방법원 2017.06.14 2017고단958
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 13, 2006, the Defendant issued, at the Daejeon District Court, a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 2 million for the same crime in the same court on October 14, 2008, and a fine of KRW 3 million for the same crime in the same court on November 8, 2010.

On March 11, 2017, the Defendant driven D’s low-speed car at approximately 4 km from the roads in front of the niversary niversary niversary niversary niversary niversary niversary niversary niversary niversary niversary niversary niversary niversary niversary niversary niversary niversary nives in the

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

1. Application of an inquiry letter, such as criminal history, and an investigation report (report accompanied by a copy of a summary order) statute;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the fact that an order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act leads to three times the criminal records of a fine due to driving under the influence of alcohol, and that the alcohol concentration in the blood was considerably high at the time of the instant case, a strict punishment should be imposed.

However, considering the fact that the defendant repents and reflects the wrongness, selling vehicles, etc., the fact that the defendant does not repeat the crime, and that there is no other criminal history than the above fine, the punishment as ordered shall be determined by taking into account the defendant's age, sexual behavior, environment, etc., and all the kinds of sentencing conditions shown in the arguments of this case, such as the defendant's age,

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