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(영문) 대전지방법원 천안지원 2016.09.06 2016고단1099
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2014, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and KRW 2 million as a fine in the above court on October 21, 2008, respectively, in the case of the same crime in the court of Daejeon District Court’s Incheon Branch.

On June 22, 2016, when the Defendant was punished twice or more due to drunk driving, the Defendant again driven a BS-type car under the influence of alcohol at approximately 0.189% of the blood alcohol concentration in the 3rd underground parking lot of the apartment complex from the cafeteria of the cafeteria called “scopic copic copic copic copic copic copic copic copic copic copic copic copic crising from the cafeteria of the BS-dong in the BS-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Notification of the control of drinking driving;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to criminal records;

1. Relevant laws concerning criminal facts, Article 148-2 (1) 1 of the Road Traffic Act, and choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking into account the circumstances unfavorable to the fact that an order to attend a lecture reaches the instant crime even in the records of the same kind of crime for sentencing under Article 62-2 of the Criminal Act, or the fact that there is no criminal record except for the same type of crime, no penalty heavier than the fine has been imposed, and the fact that it

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