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(영문) 대전지방법원 천안지원 2016.09.20 2016고단947
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 24, 2008, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime on April 20, 201, by a fine of KRW 1,000,00,000 as a crime of violation of Road Traffic Act in the Busan District Court Branch Branch of the Incheon District Court.

Although the Defendant was punished twice or more due to drinking driving as above, on May 16, 2016, he again driven B rocketing car under the influence of alcohol, which is about 0.12% of alcohol content in the 100-meter section from the vicinity of the Sincheon-dong, Sincheon-si, Sincheon-si to the front direction of the same new history distance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

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. An order to attend a lecture is an unfavorable condition to the point that the person committed a second offense despite the record of the same kind of crime with the reason for sentencing under Article 62-2

It is more favorable to the fact that no one has been sentenced to more severe punishment than a fine, and reflects it.

These circumstances are taken into account.

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