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(영문) 대전지방법원 서산지원 2017.01.17 2016고단777
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 April 14, 201, the Defendant issued a summary order of a fine of KRW 2 million on the grounds of a violation of road traffic law (driving) at the Seosan Branch of the Daejeon District Court on April 14, 201, and on December 19, 201, the same court issued a summary order of KRW 4 million for the same crime, etc.

On September 24, 2016, at around 17:00, the Defendant driven D Poter Cargo in the state of alcohol alcohol concentration of approximately 0.141% during blood from the front side of the pamam elementary school at Seosan-si to Seosan-si C.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of an inquiry letter, a copy of a 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. Although the suspended sentence under Article 62(1) of the Criminal Act requires a strict punishment repeatedly for driving under the influence of alcohol for the reason of sentencing, the sentence shall be imposed only once in consideration of all the sentencing conditions, such as the Defendant’s age, sex, environment, background, means and consequence of the crime, and the circumstances after the crime, etc., and the sentence shall be determined as ordered.

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