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(영문) 대전지방법원 서산지원 2017.09.15 2017고단597
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

On November 20, 2008, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law in the Seosan Branch of the Daejeon District Court on November 20, 208, and on March 6, 2013, issued a summary order of KRW 3,50,000 as a fine for the same crime by the same court.

On June 14, 2017, the Defendant driven a car with B me while drinking about 0.075% alcohol level from around 30,000 to around 107,00,00, from around 10,000, to around 107,00,00, the 30,000 Bocheon-si, Bocheon-si, Bocheon-si, Bocheon-do.

Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiries, such as circumstantial statements made by drivers involved and criminal history;

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. The suspended sentence under Article 62(1) of the Criminal Act repeats the same kind of crime with reason for sentencing; the degree of alcohol during the instant crime at the time of the instant crime; the Defendant’s age, environment, sex, motive, means and consequence of the instant crime; and the sentence shall be determined as ordered by taking into account all factors of sentencing as indicated in the instant pleadings, such as the circumstances after the instant crime.

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