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(영문) 대전지방법원 2018.02.20 2017고단1904
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 17, 2014, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic law (drinking driving) in the support of the Chungcheong District Court on September 17, 2014, and was sentenced to a fine of KRW 10 million on October 13, 2014, and completed the execution of the sentence on June 2, 2015.

On July 30, 2016, the Defendant, while under the influence of alcohol at around 09:40%, driven a 0.142% alcohol-related motor vehicle from around 200 meters away from the trade name in front of the non-permanent restaurant in Daejeon-gu, Daejeon to the front road of the “C gas station” located in the same Gu B.

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

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 an investigation report (verification of the past record of the same kind of crime and the period of repeated crime);

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. Following the indictment of the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes, taking into account the following factors: (a) the concentration of alcohol in the blood of this case, and the same repeated crime.

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