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(영문) 대전지방법원 홍성지원 2014.12.19 2014고단593
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 13, 2010, the Defendant was issued a summary order of one million won for a crime of violation of the Road Traffic Act at the Daejeon District Court, and on July 22, 2011, the Defendant was issued a summary order of one million won for a crime of violation of the Road Traffic Act at the Daejeon District Court Branch of the Daejeon District Court. On August 29, 201, the Defendant was sentenced to a suspended sentence of two years for a period of eight years for a crime of violation of the Road Traffic Act at the Daejeon District Court.

On August 31, 2014, around 09:42, the Defendant driven a cknife vehicle with blood alcohol content of 0.132% from around 12 knife at a distance of approximately 12 knife at a distance of approximately 0.132% from the front of the Mancheon Port Fisheries Center located in Seocheon-si, Seocheon-si, Seocheon-si to the 12knife stop located in the coast guard.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Second police interrogation protocol regarding D;

1. Reporting on the crackdown of a violation of the Road Traffic Act (investigative records, No. 7 pages);

1. Statement on the circumstantial statement of a host driver (investigative records No. 8 pages);

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal records, and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was issued a summary order of one million won due to a drunk driving on May 2010; (b) the Defendant was issued a fine of one million won due to a drunk driving on July 201; (c) on August 2012, the Defendant was issued a summary order of one million won due to a non-licensed driving on August 201; and (d) on August 2013, the Defendant was issued a summary order of one million won due to a non-licensed driving on September 6, 2013.

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