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(영문) 대전지방법원 홍성지원 2016.05.24 2016고단118
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On February 4, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law in the Hongsung Branch of the Daejeon District Court on February 4, 2014, and was sentenced to a fine of KRW 4 million for the same crime in the same court on April 20, 2015.

[2] The Defendant, who violated the Road Traffic Act two or more times, once again, driven B Poter cargo under the influence of 0.142% of 0.142% of her blood concentration in the direction of the red medical center located in 224 in the direction of the Hong-gun Hong-gun, Hongsung-gun, Hongsung-gun around 14:10 on January 27, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Investigation report (formers and attachment of written judgments) and replys to inquiries, such as criminal history, shall be applied to statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Aggravation of concurrent crimes with the punishment prescribed in Articles 40 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed for a violation of traffic laws heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

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. An order to observe the order to attend a lecture and an order to attend a community service order was driven three times in a short period of time due to sentencing under Article 62-2 of the Criminal Act, and the fact that the blood alcohol concentration is high is disadvantageous to the Defendant.

However, the fact that there is no accident caused by the crime of this case, and that there is no record of punishment exceeding the fine, shall be considered as favorable to the defendant.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the following conditions of sentencing, including the defendant's age, sex, environment, circumstances, and circumstances after the crime.

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