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(영문) 대전지방법원 2017.09.13 2017고단2150
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

On July 4, 2011, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Daejeon District Court on July 4, 201, and on April 9, 2012, the same court was sentenced to a fine of three million won for the same crime, etc. three times.

On April 8, 2017, the Defendant driven BM car under the influence of 0.060% alcohol concentration in alcohol level of 0.060% at the front of the shooting point at the 32-15 GS Chungcheong University, as one dry field, on the side of the CGV Nowon-dong located in the Daejeon Pungdong, Daejeon Pung-gu, Daejeon.

Accordingly, the defendant was a person who violated two times or more due to drinking, and was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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. Taking into account the fact that an order to attend a lecture was again committed despite three times the past records of the same kind of crime with the reason for sentencing under Article 62-2 of the Criminal Act, and that the confession and reflect is made;

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