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(영문) 대전지방법원 천안지원 2017.09.22 2017고단1360
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 January 17, 201, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) from the Daejeon District Court's branch on January 17, 201, and on September 9, 2015, the Defendant received a summary order of KRW 4 million as a crime of violating road traffic law (drinking driving) in the astronomical support of the Daejeon District Court.

On June 2, 2017, around 00:29, the Defendant driven a CK5 vehicle under the influence of alcohol level of about 0.172% from the 1km section of approximately 1k to the 1356 U.S. 2, 1356 U.S. 2, 1356 U.S. 2, 2017.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Photographs;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same kind of force);

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. Consideration of the fact that there exists a record of criminal punishment several times for the same crime for the reasons of sentencing under Article 62-2 of the Criminal Act, the violation of the order to observe protection and attend lectures, and the drinking volume, etc.;

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