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(영문) 대전지방법원 천안지원 2016.09.23 2016고단1403
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

【The Defendant was issued a summary order of KRW 2.5 million on February 4, 2009 to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (driving in drinking), and on July 11, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving in Drinking) at the Suwon Friwon.

【Defendant Inasmuch as the foregoing had the power of driving drinking twice, Defendant 1 once again driven the Bland 1km from July 22, 2016, in the state of under the influence of alcohol leveling 0.202% from the blood alcohol leveling around July 22, 2016 to the roads of the Asan City Hot Spring Do-dong, the same time-proof apartment is running.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Each photograph;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes to investigation reports (examination of the same kind of force);

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. The sentence shall be determined as ordered in consideration of the various sentencing conditions shown in the trial proceedings of this case, such as the fact that the same records as the reasons for sentencing under Article 62-2 of the Criminal Act are several times, the time of crimes, the fact that the crime is committed, and the drinking volume, etc.

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