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(영문) 대전지방법원 홍성지원 2018.02.20 2018고단11
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 21, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 1 million as a fine for the same crime in the same court on January 29, 2008, and a summary order of KRW 1.5 million as a fine in the same court on January 11, 2012, respectively.

Although the Defendant had been punished on two or more occasions as above, on December 31, 2017, the Defendant driven B car under the influence of alcohol with approximately 0.152% of alcohol concentration at around 200 meters in the same military shock distance from around the trade name in the Hong-gun Hong-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, to around 1053, in the same military shock club.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on actual conditions, notification of driving results of drinking alcohol, circumstantial statement report on drivers of drinking alcohol, and investigation report (Evidence No. 10);

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (Evidence List No. 15), and summary orders;

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. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The fact that the crime of this case is committed, and there is no record of being punished more than a suspended sentence, and there is a record of being punished several times for the same crime.

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