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(영문) 대전지방법원 천안지원 2017.09.14 2017고단1548
도로교통법위반(음주운전)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[M] On August 21, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (driving) at the Seocheon Branch of the Daejeon District Court on August 21, 2008. On March 5, 2009, the Defendant received a summary order of KRW 1 million as a fine for the same crime from the Seo Seosan Branch of the Daejeon District Court on March 5, 2009. On July 21, 2014, the Defendant received a summary order of KRW 6 million as a fine for the same crime.

[2] On June 24, 2017, the Defendant driven a B-low-scale car with approximately 10km from the 10km away from the 11:00 alcohol level to the 0.211% under the influence of alcohol level during the blood transfusion around the 11:0 on June 24, 2017.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Reporting on detection of drinking drivers, notification of the results of regulating drinking driving, and inquiry into the results of regulating drinking driving;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A response to a request for appraisal, a alcohol appraisal report (the records of violation that constitutes Article 148-2 (1) 1 of the Road Traffic Act);

1. Application of the provisions of Part III of inquiry, such as criminal history, and written summary order;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Taking into account the reasoning of sentencing under Article 62-2 of the Criminal Act, the degree of drinking alcohol, the circumstances leading to the detection of drinking, the records of criminal punishment for drinking drivers, and the fact that the Defendant has only once a fine for driving without a license, except for the first head of the crime, and there is no

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