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(영문) 대전지방법원 서산지원 2016.07.14 2016고단310
도로교통법위반(음주운전)
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On October 25, 2007, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) from the Sungnam branch of the Suwon branch of the Suwon branch on October 25, 2007. On November 13, 2008, the Defendant received a summary order of KRW 2.5 million as the same crime from the Seosan branch of the Daejeon District Court on November 13, 2008 and five criminal records of the same kind.

On April 17, 2016, the Defendant driven C K7 car under the influence of alcohol concentration of about 0.251% in the section of approximately 6km from the previous Do to the studio parking lot located in Hanma-ro 16-41 of the same city, Seosan-si, Seosan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving made in the main place and response to requests for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

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. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act was that the Defendant had been punished five times of a fine on November 1, 1986, by taking into account the Defendant’s workplace and position in the same crime, since he had been employed in the Agricultural Cooperatives on June 20, 1986, and had been punished five times of a fine on July 31, 2001, a fine on January 24, 2005, a fine of KRW 1.5 million on January 24, 2005, a fine of KRW 2 million on October 25, 2007, and a fine of KRW 2.5 million on November 13, 2008.

Nevertheless, the Defendant committed the instant crime at another time, and even though the drinking driving was a crime that exposes citizens with a large risk, the Defendant repeated the driving of drinking without any particular awareness.

In particular, when a police officer who was called for after receiving a report requests for the measurement of drinking, the defendant did not comply with the request, and the police officer demanded the measurement of second drinking, the defendant tried to keep his house out of the house.

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