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(영문) 대전지방법원 천안지원 2017.11.30 2017고단2435
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 becomes final and conclusive.

Reasons

Punishment of the crime

[M] On November 14, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of road traffic law at the Seocheon Branch of the Daejeon District Court on January 14, 2009, the summary order of KRW 1,50,000 as a fine for a violation of road traffic law (driving under drinking), on December 12, 201, the summary order of KRW 1,50,000 as a fine for a violation of road traffic law (driving under drinking) at the Seocheon Branch Branch of the Daejeon District Court on December 12, 201, and the summary order of KRW 5,00,000 as a fine for a violation of road traffic law (driving under drinking) at the Seocheon Branch Branch Branch of the Daejeon District Court on January 7, 2014, respectively.

[2] On September 5, 2017, the Defendant driven a 150-meter B Grand bus at around the 150-meter radius of the Kanananandong, Seoan-gu, Seoan-gu, Seoan-gu, Seoul, with alcohol content of 0.141% in alcohol while under the influence of alcohol on September 5, 2017.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Notification of traffic restrictions on the violation of the Road Traffic Act, inquiry of the results of crackdown on the driving of drinking, and statement of the circumstances of the driver under driving on the road (the records of violating Article 44 (1) of the Road Traffic Act not less than twice);

1. Application of the provisions of Part III of inquiry, such as criminal history, and written summary order;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds shall be repeatedly considered);

1. Taking into account the reason of sentencing under Article 62-2 of the Criminal Act, the degree of drinking alcohol, the circumstances leading to the detection of drinking alcohol, and the fact that there is no criminal punishment exceeding a fine (hives eight times).

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