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(영문) 대전지방법원 2014.12.03 2014고단3301
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 13, 2005, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 13, 2005, and was sentenced to a fine of 1.5 million won by the above court on December 3, 2009, and was sentenced to a fine of 2.5 million won by the above court on November 29, 2010.

【Criminal Facts】

On September 14, 2014, at around 09:55, the Defendant driven B, under the influence of alcohol, B, Jetta 2.0 TID car with approximately 50 meters alcohol content 0.168% from the 50-meter section from the Han River in the Jung-gu, Daejeon Metropolitan City to the Cheong River, which is located in the Jung-gu, Jung-gu, Daejeon Metropolitan City.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. A traffic accident report;

1. Previous records: Application of Acts and subordinate statutes of inquiry inquiry reports and investigation reports (a copy of summary order, etc.);

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

1. It is so decided as per Disposition on the grounds or above such as the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the reason, the driving of drinking (three times a fine), and driving without a license (one time a suspended sentence of imprisonment), the record of each punishment, blood alcohol concentration, driving developments, and distance.

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