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(영문) 대전지방법원 2016.09.28 2016고단2265
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2013, the Defendant was sentenced to a fine of KRW 5 million in the Daejeon District Court due to a violation of road traffic laws (drinking), and a person who was sentenced to a fine of KRW 1.5 million in the same court on December 4, 2007 for the same offense.

On May 24, 2016, the Defendant was under the influence of alcohol content of 0.169% during blood transfusions on May 24, 2016, and driven a car by C from the border of the Seo-gu Daejeon-gu, Daejeon to the direction of 34 roads to the same Gu-ro 34 roads.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of report on investigation (Attachment to the same judgment against the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning 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. The reason for sentencing under Article 62-2 of the Criminal Act is significantly high in the numerical value of drinking for the reason of sentencing, the fact that the defendant again committed the crime despite 4 times the history of drinking driving, confession and reflects, and other various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc.

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