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(영문) 대전지방법원 천안지원 2017.10.20 2017고단1359
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 July 23, 2004, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of road traffic law (drinking driving) from the Daejeon District Court Branch on July 23, 200, and a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving) from the Suwon District Court on February 11, 2015.

The facts charged are stated in the facts of summary order of KRW 1,50,000 as a crime of violating road traffic law in the Seocheon Branch of the Daejeon District Court on July 23, 2004, instead of "the fact that a fine of KRW 1,00,000 has been issued for the crime of violating road traffic law". However, on June 6, 2017, the facts of summary order of KRW 1,50,000 was issued for the crime of violating road traffic law in the Seocheon Branch Branch of the Daejeon District Court on June 6, 201, but the latter is a previous criminal record that must be established after the

Although the Defendant violated the provision prohibiting driving of alcohol twice or more, on June 2, 2017, the Defendant driven B-low-water vehicle under the influence of alcohol with approximately 0.165% alcohol level from around 1km to around 366 in the same Gu, Seo-gu, Seo-gu, Yan-si, Yan-ro to the 01km-ro 366-day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Report on the crackdown of a drinking driver, report on the results of regulating the driving of drinking, report on the circumstances of the driver of drinking, and on-site photographs;

1. Previous convictions indicated in the judgment: Investigation report (investigation into drinking power), inquiry report, criminal history, etc., and reporting on the results of previous convictions stated in the disposition (Attachment to a summary order), and application of Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant was punished for drinking alcohol driving three times in the past.

In particular, on April 20, 2017, the Defendant was driving on drinking on April 20, and did not seem to be against the situation in which the summary order was requested on May 19, 2017.

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