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(영문) 대전지방법원 2018.01.24 2017고단4409
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 21, 2007, the Defendant received a summary order of KRW 1,50,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act (driving), and on December 17, 2009, a fine of KRW 2,50,000 from the Daejeon District Court to a violation of the Road Traffic Act (driving).

Criminal facts

On October 21, 2017, the Defendant driven B car under the influence of alcohol content of about 1k from the section of approximately 0.100% in blood alcohol level to the roads near the Yansan-dong, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, to the day near the Yandong-gu, Seo-gu.

As a result, the Defendant violated the prohibition of drinking driving regulations not less than twice and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind 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 small amount;

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

1. The fact that three times the records of the crime of driving under the reason of sentencing under Article 62-2 of the Criminal Act of the Order to Attend the lecture are disadvantageous, confession and reflective, and the fact that all the records of the crime of driving under the above alcohol are the records of fines, shall be considered as favorable

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