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(영문) 대전지방법원 2017.03.08 2016고단4178
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 March 20, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daejeon District Court, and on September 19, 2016, issued a summary order of KRW 4 million for a crime of driving drinking on September 2, 2017.

On October 13, 2016, the Defendant driven a ice 2 under the influence of alcohol content of 0.219% in blood around 01:07, and driven a dry field 100m distance from the front road of the West-gu, Daejeon-gu to the front road of the 116-dong in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on traffic accidents, reports on actual condition, vehicles, and photographs for measuring drinking;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The results of inquiry and the application of each summary order under statutes;

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

1. The instant crime was committed before the lapse of one month, even though the reason for sentencing of Article 62-2 of the Criminal Act on September 19, 2016, due to the suspension of driving alcohol, etc. on September 19, 2016, and the degree of alcohol concentration in blood at the time of the instant case was considerably high, and the occurrence of traffic accidents is considered disadvantageously.

Considering the favorable circumstances, such as the fact that the defendant's mistake is recognized, reflects, and does not repeat the crime, and that there is no criminal record of the suspension of execution or more.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

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