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(영문) 대전지방법원 서산지원 2017.11.17 2017고단828
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 3, 2012, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court on December 3, 2012, and a fine of KRW 6 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) in the same court on November 21, 2014, respectively.

On September 13, 2017, at around 03:10 on September 13, 2017, the Defendant driven a chip car under the influence of alcohol concentration of 0.345% from the section of the section of the Act on the Management of Land, etc. from around 150 to about 1/100 in Seosan-si Eup/Eup/Myeon, Seosan-si to about 0.345%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiries, such as a survey report on actual condition, photographs related to drinking measurement, circumstantial statement of the driver concerned, criminal history, 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The suspended sentence under Article 62(1) of the Criminal Act repeats the same kind of crime with reason for sentencing, and the fact that the blood alcohol level was very high at the time of the instant crime is disadvantageous. However, the Defendant’s age, environment, sex, motive, means and consequence of the instant crime, etc. shall be determined by taking into account all of the factors of sentencing as shown in the instant pleadings, such as the following factors.

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