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(영문) 대전지방법원 2017.11.20 2017고단2902
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On March 17, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for the same crime at the Daejeon District Court on January 28, 2014 as a crime under the Road Traffic Act, respectively, at the Jeonju District Court’s Gunsan Branch.

On June 29, 2017, the Defendant was under the influence of alcohol content of 0.130% during blood transfusion around 03:45 on June 29, 2017, and was driving a car B in the section B of about 350 meters from the roads of about 178 Bolar Apartment apartment Do, Daejeon-gu, Daejeon, to the roads of the same 101-ro 5-gil.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Investigation report (Investigation ofCCTV images) - CCTV images;

1. Request for cooperation in investigation (CCTV perusal and white) - Other Schlage CCTV images;

1. Sovereign photographs;

1. Previous convictions indicated in the judgment: He/she shall make a report on confirmation of his/her previous convictions and make an investigation report (Attachment of the same previous convictions and a summary order), and apply

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Act on the Suspension of Execution [the execution of a sentence shall be postponed by comprehensively taking into account the circumstances favorable to the defendant, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., and all the conditions of sentencing provided for in Article 51 of the Criminal Act, which are shown in the process of the crime, as well as all the conditions of sentencing provided for in Article 51 of the Criminal Act, in light of the circumstances favorable to the defendant, such as the defendant's criminal records, and the fact that the defendant has no criminal record exceeding the fine, etc.

1. Protection observation, community service order, and ..

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