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(영문) 대전지방법원 천안지원 2018.09.14 2018고단1185
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 November 8, 2013, the Defendant was issued a fine of KRW 1.5 million on the grounds of a violation of road traffic law (driving), etc. in the Daejeon District Court’s Branch Branch of the Daejeon District Court on November 8, 2013, and a fine of KRW 3 million on November 4, 2016, by the above court.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice as seen above, the Defendant driven a BN city car from April 25, 2018 to 0.093% alcohol level on the front side of the road in the south-dong, New-dong, Dong-dong, Chungcheongnam-gu, Seoul Special Metropolitan City from the upper end of the road around 1356, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoan-gu, Seoul Special Metropolitan City on April 25, 2018.

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. Application of a reply to inquiry, such as criminal history, and the application of a summary order under Part II of the Act and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act, such as protection and observation, the order to provide community service and the order to attend lectures, is a very dangerous crime that may raise the possibility of traffic accidents and may cause unexpected behaviors to the life and home of others, and thus, in order to prevent such crimes, the defendant is bound to bear strict responsibility for the act related thereto. The defendant committed the crime of this case, even though he had been punished two times of fines within five years from the instant case, even though he had been punished for the same crime, and the defendant committed the crime of this case. Meanwhile, taking into account the fact that the defendant led to confession and reflects the instant crime, and other circumstances revealed in the theory of records and changes, such as the volume of alcohol concentration among the blood transfusion of this case, etc., the punishment shall

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