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(영문) 대전지방법원 2016.04.01 2016고단140
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 18, 2010, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Daejeon District Court. On March 20, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of violating the Road Traffic Act at the Daejeon District Court on March 20, 2013, and was released on January 29, 2014 during the execution of the sentence, and the remaining term of imprisonment has expired on July 12, 2014.

On December 11, 2015, at around 01:55, the Defendant driven a sports e-sports car from around the Do-ro 78 Do-ro, Seodong-gu, Daejeon Metropolitan City to around 114 Do-ro, Seodong-gu, Daejeon Metropolitan City, to around 2 0.126 percent alcohol concentration in blood.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the result of regulating driving of drinking alcohol;

1. Application of the Acts and subordinate statutes stated in the investigation report (a copy, etc. of the judgment);

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. The grounds for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes are as follows: (a) four times a fine; (b) the records of having been sentenced once a sentence; (c) the instant crime during the same repeated crime period; (d) the degree of alcohol concentration in blood; and (e) the reflectivity, etc.

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