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(영문) 대전지방법원 2017.11.08 2017고단3224
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 Records of Crimes】 On November 3, 2006, the Defendant was sentenced to a fine of KRW 700,000 for a violation of Road Traffic Act (driving) at the Daejeon District Court on November 3, 2006, and was sentenced to a fine of KRW 1,00,000 for a violation of Road Traffic Act (driving) at the Daejeon District Court on October 5, 2007.

【Criminal facts” On July 16, 2017, the Defendant driven a B Sp-type car with alcohol content of 0.192% at around 0.15, while under the influence of alcohol during blood, and operated a section of approximately 300 meters at a distance from the front of the coefficient pharmacy located in Daejeon Jung-gu, Daejeon to the front of the Dong-dong post office located in Daejeon Jung-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes of investigation report (Attachment to the same summary order);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that 4 times the record of the crime of violating the Traffic Act, including two times the record of the crime of drinking driving, and the circumstances that are significantly favorable to the high drinking volume of this case: the confession and rebuttal, and the fact that 10 years prior to the record of the last crime of drinking driving; and

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