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(영문) 대전지방법원 2017.04.27 2017고단702
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

On May 18, 2012, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Daejeon District Court on May 18, 2012, and there are two criminal records of the same kind.

On January 25, 2017, at around 15:50, the Defendant driven a passenger car owned by the Defendant with approximately 30 meters alcohol content of 0.241% in alcohol while under the influence of alcohol at the front of the Eup’s center located in the same Dong and in front of the Eup’s center located in the same Dong on the street, where it is impossible to identify the trade name located in the Dong in the Daejeon-gu Eup/Myeon, Daejeon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, report on the detection of the driver of a vehicle driving, report on the circumstances of the driver of the vehicle driving, inquiry into the results of crackdown on the driving of alcohol, written appraisal of alcohol during blood, photograph of the measurement of the suspect's drinking, arrest of the occurrence of the case

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The fact that the crime of this case was committed again despite the fact that he had been punished twice due to drinking driving, and that the nature of the crime of this case is not good, and that the degree of drinking is considerably high: The record of the same crime is both the record of fine, confession and reflect.

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