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(영문) 대전지방법원 서산지원 2017.09.21 2017고단566

도로교통법위반(음주운전)

Text

1. The punishment of the accused shall be one year;

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

Reasons

Punishment of the crime

On April 7, 201, the Defendant was sentenced to a fine of two million won for a violation of road traffic law in the Seosan Branch of the Daejeon District Court on April 7, 201, and on February 7, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law (driving), and a person who violated the provision on prohibition of drinking driving on at least two occasions under the suspended sentence of two years.

On July 1, 2017, around 21:35, the Defendant driven a B-wing and Ⅲ truck with alcohol leveling 0.155% from the 20m section of the blood alcohol level from the front of the non-cafeteria to the front of the village restaurant, on July 1, 2017, the Defendant driven a B-wing and Ⅲ truck in the shape of alcohol leveling 0.15% from the 20m section.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (attaching sentence, etc.);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, the selection of a sentence of imprisonment;

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend, repeated the driving of drinking, even though he/she had a record of being punished for driving under drinking.

The defendant lacks the awareness of compliance seriously.

I seem to appear.

Although the defendant should be punished strictly, the defendant is expected to be aware of through the implementation of an order to observe the protection, observe the order, and attend the lecture in consideration of the details leading to the driving of the case, driving distance, alcohol concentration, etc. revealed in the public trial and investigation records, and finally, the defendant will be faced with the order, and the punishment shall be determined like the order.