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(영문) 대전지방법원 천안지원 2017.04.28 2017고단121
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On June 25, 2007, the Defendant was issued a summary order of KRW 1 million by the same court as a crime of violating road traffic laws in the Daejeon District Court's Branch of the Daejeon District Court on June 25, 2007 and a fine of KRW 2 million by the same court on October 26, 2007.

[2] Although Defendant 1 violated Article 44(1) of the Road Traffic Act more than twice as above, Defendant 2 once again driven a B-hand car under the influence of alcohol level of about 0.267% in alcohol level while parked in front of the 207 East-gu Seoul Special Metropolitan City on November 13, 2016, at around 21:19, 300 and parked in the second apartment street in front of the 207 East-gu Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes concerning investigation reports (the same type of criminal history and previous convictions);

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. In light of various sentencing conditions indicated in the trial proceedings of this case, such as the fact that there was a record of punishment several times for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the order to observe the protection and attend lectures, and the fact that the number of times is reflected, the sentence shall be

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