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(영문) 대전지방법원 천안지원 2017.08.31 2017고단1363
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

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 24, 2006, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of road traffic law in the Daejeon District Court's Incheon District Court's Support on November 24, 2006, and on November 14, 2008, the Defendant was sentenced to a suspended sentence of four months for a violation of road traffic law (toxicly Driving).

[2] On May 28, 2017, the Defendant driven a car with approximately 3 km Section C 300cm at the front of the Dong-dong, Nam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, with alcohol content of 0.097% under the influence of alcohol during blood around May 28, 2017.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Statement protocol (D);

1. Fact-finding survey report and report on the occurrence of a traffic accident;

1. An accident scene photograph;

1. Notification of the results of crackdown on the driving of alcohol, and a statement made under the circumstances of the driver of the driving of alcohol (the records of violations that constitute the provisions of Article 148-2 (1) 1 of the Road Traffic Act);

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to the court rulings on the same type of crime, etc.);

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act of the community service order and order to attend a lecture, the details of the detection of drinking, the records of criminal punishment for drinking driving (in particular, the driving of drinking has been already sentenced to a suspended sentence of imprisonment due to drinking driving, not only two times before the first head of the crime, and the driving of drinking has already been sentenced to a suspended sentence of imprisonment), the fact that there is no criminal history other than the criminal punishment

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