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(영문) 대전지방법원 서산지원 2016.03.24 2015고단902
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 June 10, 2010, the Defendant received a summary order of KRW 1,50,000,000,000 as a fine for a violation of road traffic law (drinking) from the Seosan Branch of the Daejeon District Court on July 10, 2010, in the same court on July 27, 2012, a fine of KRW 3,50,000,000 as a fine for the same crime, and on August 9, 2013, respectively.

On October 28, 2015, at around 22:00, the Defendant driven Bone Star Corer under the influence of alcohol content of approximately 0.142% from a section of approximately 1 km from the front of the seeds, which were located in the Chungcheongnam-do, Chungcheongnam-dong, Chungcheongnam-do, to the same Matern Round road located in the same city.

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 by the defendant in court;

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

1. Criminal records as stated in the judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the summary order attached to the same type of force);

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 amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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