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(영문) 대전지방법원 2016.04.19 2016고단301
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 13, 2006, the Defendant issued, at the Daejeon District Court, a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), on April 25, 2007, a summary order of KRW 3 million for a fine of the same crime, etc. at the same court, on October 10, 2013, a summary order of KRW 4 million for the same crime in the same court, and on December 2, 2013, a summary order of KRW 6 million for the same crime, etc. at the same court, respectively.

Although the Defendant had been punished twice or more as above, on January 21, 201, the Defendant driven B Poter 2 while under the influence of alcohol content of about 0.080% in a section of about 5km from the roads adjacent to the Seo-gu Daejeon Seo-gu Daejeon Seo-dong, Daejeon to the roads adjacent to the Seo-gu, Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions: Inquiry of criminal history, reporting of minor convictions without disposition, and application of Acts and subordinate statutes of a summary order;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (such as the fact that the drinking volume is not high, the fact that the defendant is against the defendant, and the fact that the defendant has no criminal history subject to punishment beyond a fine).

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