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(영문) 대전지방법원 2017.04.19 2016고단4577

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 December 26, 2007, the Defendant received a summary order of KRW 1,50,000 from the Daejeon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on August 13, 2009, the same court received a summary order of KRW 3 million as a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and a crime of violating the Road Traffic Act.

On December 7, 2016, the Defendant driven a C food car with approximately 1km alcohol content of about 0.136% while under influence of alcohol, on the roads near Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon apartment site, Seo-gu, Daejeon, to the intersection of the same Gu for the prevention of carbon epidemics.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he had a record of driving a motor vehicle at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

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

1. References to inquiries, such as criminal history, and application of the Acts and subordinate statutes on investigation reports (Attachment to the same type of crime record);

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. Taking into account the circumstances at a disadvantage, such as the fact that the reason for sentencing under Article 62-2 of the Criminal Act of the community service and the order to attend lectures has three times criminal records of fines due to driving under drinking, and the fact that the driver was involved in traffic accidents while driving in the state

Considering the favorable circumstances in which the accused has repented and reflected the wrongness of the accused.

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.