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(영문) 대전지방법원 천안지원 2016.12.16 2016고단2118
도로교통법위반(음주운전)
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 18, 2013, the Defendant was issued a summary order of KRW 8 million with a fine of KRW 3 million for the same crime at the Seoul Central District Court on September 10, 2007, and KRW 700,000 with a fine of KRW 3 million for the same crime at the Seoul Central District Court on September 10, 2007, at the Seoul Northern District Court on August 17, 2007.

At least twice as above, the Defendant had violated Article 44(1) of the Road Traffic Act, but again, on September 30, 2016, at around 00:34, the Defendant driven C Uidia8 car with a blood alcohol concentration of at least 0.184% from the front parking lot of Seo-gu, Seo-gu, Seo-gu, Incheon to the front direction of the entrance of the above apartment from approximately 500 meters away from the 311st parking lot to the front direction of the above apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of the brewing statement, the statement, and the measurement register;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of the Act on Criminal Facts, Articles 184-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures, despite the fact that the defendant had been punished for drinking driving two or more times, again commits the instant crime, the blood alcohol concentration at the time of committing the instant crime was considerably high, the criminal records of the defendant, the criminal punishment, the recognition of the crime, and the reflection of the crime, the driving distance was relatively short, and the detention of the defendant seems to entail excessive difficulty to his family members, and the detention of the defendant seems to entail excessive difficulty to his family members, and other circumstances shown in the instant trial, including the defendant’s age, character and behavior, the environment, and the criminal records, shall be determined as ordered

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