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(영문) 대전지방법원 2016.07.22 2016고단1460
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 25, 2010, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of road traffic law in the Gunsan Branch of the Jeonju District Court on March 25, 2010; on October 25, 2010, to a fine of KRW 3 million for a violation of road traffic law in the Jeonju District Court military support; and on December 21, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law in the Daegu District Court's sex support.

On March 8, 2016, the Defendant was under the influence of alcohol content of 0.234% during blood transfusions on March 8, 2016, and was driving C food cars at the section of approximately 300 meters from the front of the five residential village in Sejong-si to the front of the 12th street.

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. Statement of the response to the request for appraisal;

1. Description of a written reply to inquiries, such as criminal history;

1. Application of the Acts and subordinate statutes stated in the investigation report (the previous report and attachment of the judgment, etc.);

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 sentence shall be sentenced in consideration of the following: (a) reflects the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the degree of alcohol content in the blood of this case; (c) the records of punishment three times for the same crime; and (d) the Defendant’s situation at the time of enforcement at the time of causing an accident of human life; and (c) the sentence shall be

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