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(영문) 대전지방법원 2017.12.08 2017고단3318
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 22, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court, and KRW 2 million for a crime of violating the Road Traffic Act at the Daejeon District Court on June 1, 2017.

On August 5, 2017, the Defendant was under the influence of alcohol content of 0.125% during blood transfusions. On August 5, 2017, the Defendant driven a B-learning car at the section of about 50 meters from the front of the restaurant of “floon number of islands” located in the Daejeon Pungdong to the road located in the same Dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the notification of the result of regulating drinking driving;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act: The fact that there exists a previous offense for which two times have been punished due to driving of drinking, and the circumstances favorable to the point that drinking is high: the point that is against the point that the punishment is being committed; and

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