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(영문) 대전지방법원 천안지원 2016.07.15 2016고단424
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2013, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic law (drinking driving) in the Daejeon District Court's branch on March 4, 2013, and a fine of KRW 7 million due to a violation of road traffic law (drinking driving) in the above court on August 26, 2013, and was sentenced to a violation of Article 44 (1) of the Road Traffic Act on at least two occasions.

On March 15, 2016, at around 17:00, the Defendant driven a C-car under the influence of alcohol concentration of about 400 meters in 0.163% in blood while under the influence of alcohol leveling to 0.163% in the Cheong-ri Village Center of Asan-si, Asan-si to Hyundai-si and the upper street of 261.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, including the fact that he/she has been punished for driving alcohol on several occasions, the numerical value of drinking alcohol measurement, etc.;

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