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(영문) 대전지방법원 2017.12.21 2017고단4052
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On April 13, 201, the Defendant was notified of a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and was notified of a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at Daejeon District Court on October 20, 2016.

[2] On September 4, 2017, the Defendant: (a) driven a B rocketing car under the influence of alcohol of about 1 0.182% of alcohol content from the 1km section to the nivem section of the nives-distance nives-dong of Daejeon Pungdong to the nives-dong of the same nives-dong.

Accordingly, the defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of control, inquiry into the results of crackdown on drinking driving, investigation report (investigation into the investigation of suspect blood measurement), report on detection of the driver involved in driving, report on the circumstances of the driver involved in driving, investigation report (report on the circumstances of the driver involved in driving in driving in the State), and response to requests for

1. Previous conviction: Inquiry about criminal history and application of each summary order Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

D. Unfavorable circumstances: The fact that he/she committed the instant crime even though he/she had the record of punishment due to drinking driving, and the fact that he/she made a confession and reflects the fact that he/she is significantly high in drinking values: The fact that he/she has been punished twice the record of the same crime, but all of the charges are the record of fines,

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