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(영문) 대전지방법원 2018.11.15 2018고단2400
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 4, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving), KRW 3.5 million for the same offense in the same court on September 21, 2012, and KRW 8 million for the same offense in the Daegu District Court Port Branch on May 24, 2017.

On June 10, 2018, while under the influence of alcohol leveling to 0.175% among blood transfusions, the Defendant driven a car with Cme off at the 1km section from the front of the cafeteria of the Sampungdong located in the Taepungdong-dong-dong-dong-dong-dong-dong-dong-dong-dong to the front road of the “Hastst Motor Vehicle” company located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Details of inquiries into the management of the master report;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a summary order of the same kind of power);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant committed the instant crime again even though he/she has been punished several times for the same crime (three times of drinking and three times of non-licenses), (b) the Defendant is highly likely to measure drinking of the instant case; (c) the Defendant is led to confession; (d) the Defendant’s confession is against the Defendant; and (e) the Defendant has no criminal record other than the fine; and (e)

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