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(영문) 대전지방법원 2017.11.14 2016고단4325
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 12, 2012, the Defendant issued, at the Daejeon District Court, a summary order of KRW 4 million for a crime of violating the Road Traffic Act, and on April 27, 2015, a summary order of KRW 4 million for the same crime, etc. at the same court.

On November 28, 2016, under the influence of alcohol content of 01:05, the Defendant driven a car with Burme at approximately 50 meters from the roads near the Seo-gu, Daejeon-gu, for about 0.112% of alcohol content.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Entry of a statement in the circumstances of the driver at home;

1. Application of Acts and subordinate statutes stating a criminal report (a copy of a summary order of the same criminal records of the suspect);

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. After indictment of the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount, the following factors are considered: (a) the offender committed by an investigative agency; (b) the concentration of alcohol in the blood transfusion of this case; and (c) the majority of the records of the same kind of crime.

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