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(영문) 대전지방법원 천안지원 2017.11.16 2017고단2251
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

[Power of crime] On May 14, 2012, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating road traffic laws in the Daejeon District Court's branch on May 14, 2012, and a summary order of KRW 6 million for the same crime from the Suwon District Court's branch on June 8, 2016, and was sentenced to a fine of KRW 6 million for a crime of violating road traffic laws (drinking) more than twice.

[2] On September 21, 2017, at around 21:20, the Defendant driven a motor vehicle from around 50 meters of alcohol alcohol level at approximately 0.188% of blood alcohol level to around the ship station located in the east-gu Eup/Myeon, Masan-si, Masan-si, Masan-si, Masan-si, and around 50 meters of convenience points in front of Masan-si to the ship station located in the Masan-si, Masan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Report on the circumstances of the driver's license at home and report on the circumstances of the driver's license at home;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the same summary order) and application of each of the Acts and subordinate statutes of the summary order;

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. 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 circumstances that are favorable to repeating the instant crime even though there has been already been a history of punishment for committing the crime of drinking alcohol twice: The defendant's mistake is recognized and the distance of driving drinking is not long; the above circumstances include the defendant's age, sexual behavior, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., and determine the punishment as ordered.

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