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(영문) 대전지방법원 2017.09.08 2017고단2592
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 27, 2014, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Daejeon District Court, and a summary order of KRW 1.5 million for the same crime at the same court on January 30, 2009.

On June 12, 2017, the Defendant, who had been punished twice or more due to drinking driving, driven BM5 car from around 30 meters to the front road of the public office for entertainment in the Daejeon Jung-gu, Daejeon, with alcohol concentration of 0.142% under the influence of alcohol around 21:10 on June 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the previous offense and judgment before the disposition;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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. 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. The grounds for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol concentration in the blood of this case, criminal records, etc. are considered.

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