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(영문) 대전지방법원 2014.12.17 2014고단3648
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[Criminal Power] On March 20, 2011, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Daejeon District Court (the final judgment on April 12, 2011), and on August 24, 2011, the Defendant was sentenced to a suspended sentence of two years for six months for a violation of the Road Traffic Act at the Daejeon District Court.

(As of September 1, 2011, the Defendant driven a two-wheeled automobile with blood alcohol content of 0.21% from the 14:18th of August 13, 2014, the Defendant was under the influence of alcohol to the 0.211% of the breath alcohol content from the 125th of it, which was in the direction of the Daejeon East-gu, Daejeon.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a two-wheeled automobile under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiries into the report on detection of the driver, the report on the circumstantial statements of the driver, and the details of management of the driver's license;

1. Previous convictions indicated in judgment: References to criminal records and references to criminal records, and the application of Acts and subordinate statutes reporting the results thereof;

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 for the reasons above, such as the fact that there was a history of punishment several times for the same kind of crime for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the concentration of alcohol in blood, and the reflection of the sentence.

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