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(영문) 대전지방법원 천안지원 2016.12.02 2016고단2005
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On December 4, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Daejeon District Court’s Support for Incheon District Court, and a summary order of KRW 4 million as a fine for the same crime in the above court on November 26, 2012.

【Criminal Facts】 On October 16, 2016, the Defendant driven a B car under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.146% from the front day of the Asan Viewing Road, a citizen of the said citizen, to the front day of the route of the citizen’s route.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that there exists a record of being sentenced to a fine twice due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the crime is committed at the time of and against the time and the fact that drinking alcohol

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