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(영문) 대전지방법원 홍성지원 2017.07.12 2017고단145
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

[2] On October 17, 2001, the defendant was sentenced to a suspended sentence of one year for a violation of road traffic laws at the Chuncheon District Court on the grounds of a violation of road traffic laws, etc. On February 26, 2003, the defendant was sentenced to a fine of three million won for a violation of road traffic laws (driving), in the support of the Daejeon District Court on July 5, 2006 for a violation of road traffic laws (driving), and was sentenced to a fine of three million won for a violation of road traffic laws (driving under drinking), and on January 15, 2007, the defendant was sentenced to a summary order of two million won for a violation of road traffic laws (driving under drinking) at the Seoul Northern District Court on September 28, 201, and was sentenced to a fine of one million won for a violation of road traffic laws (driving under drinking under drinking under drinking under the Road Act) at the Daejeon District Court on the grounds of a violation of the Road Traffic Act at the Daejeon District Court on September 28, 2010>

[Criminal facts] On January 19, 2017, the Defendant driven a D motor vehicle under the influence of alcohol with approximately 0.073% alcohol concentration from a section of about 3km from the road in front of the Defendant’s residence in Bocheon-si, Bocheon-si, 10:30 to the Doncheon-si, the same city.

Ultimately, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol in violation of the said provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiries about criminal history, investigation reports (Evidence List No. 14), and judgment text;

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. In full view of the following circumstances of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, and all the conditions of sentencing as shown in the records, such as Defendant’s age, sex, environment, and circumstances before and after the instant crime, the sentence is to be imposed as ordered.

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