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(영문) 대전지방법원 2018.02.06 2017고단4218
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 December 7, 2007, the Defendant received a summary order of a fine of two million won or more due to a violation of road traffic laws at the Daejeon District Court, and on October 20, 2009, a summary order of three million won or more due to a violation of road traffic laws (drinking) at the Daejeon District Court.

On August 12, 2017, while under the influence of alcohol content of 0.107% among blood transfusions, the Defendant driven a Bsch Rexton car from around 300 meters away from the front of the Daejeon Seo-gu Jungdong Office to the road in front of the Dong-dong Office of Daejeon Jung-gu, Daejeon to the road.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of investigation report (Attachment to the same type of judgment);

1. Application of Acts and subordinate statutes stating the notification of the result of regulating drinking driving;

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. The fact that an order to attend a lecture is recognized as a crime on the grounds of sentencing Article 62-2 of the Criminal Act, taking into account the alcohol concentration in the blood of this case, three-time penalty records, etc.

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