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(영문) 대전지방법원 2016.06.10 2016고단1164
도로교통법위반(음주운전)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 15, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Daejeon District Court on November 24, 201, and received a summary order of KRW 3 million from the Gwangju District Court to a fine of KRW 2,00,000 for the same crime on at least two occasions. On March 18, 2016, the Defendant was under the influence of driving a vehicle under the influence of alcohol of approximately 10.126% among blood alcohol in the section of about 10km-dong, Seo-gu, Daejeon District Court around March 18, 201 and operated the vehicle under the influence of alcohol of KRW 10,126%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the results of crackdown on driving alcohol;

1. Application of the statutes written in reply to inquiries, such as criminal history;

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. It shall be considered that there is no record of crime exceeding the grounds for sentencing under Article 62(1) of the Criminal Act, four times the same criminal records, and the fine.

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