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(영문) 대전지방법원 2017.08.09 2017고단1890
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 10, 201, the Defendant received a summary order of KRW 1 million as a fine for a crime of violating the Road Traffic Act, and KRW 2 million as a fine for the same crime in the same court on October 30, 201, respectively.

On March 19, 2017, the Defendant driven a motor vehicle B with alcohol content of about 300 meters from a drinking house, where it is difficult to identify the trade name in Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon to the frontway of the water source in the Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving a drinking and an inquiry about the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to an inquiry report and investigation report (a summary order attached to the previous 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. Taking into account the fact that an order to attend a lecture or an order to provide community service has a record of being punished twice by fines for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, it shall be strictly punished.

However, taking into account the fact that the defendant has divided and reflected the defendant's mistake, the fact that he/she has no record of punishment other than the above two times of fine, and other factors such as the defendant's age, sex, environment, etc., the punishment shall be determined as ordered in consideration of all the conditions of sentencing as shown in the argument of this case.

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