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(영문) 대전지방법원 2017.06.08 2017고단793

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

[criminal history] The Defendant received a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Daejeon District Court on December 18, 2007; on June 3, 2008, the same court received a summary order of KRW 2 million as the same crime; and on March 10, 2014, the same court received a summary order of KRW 7 million as the same crime.

[2] On February 10, 2017, the Defendant driven a vehicle with a gallon from around 2km to around 533-5 km in the area of about 2km, where the Defendant was under the influence of alcohol content of 0.156% during blood transfusion on February 10, 2017 to around 0.156%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions, an accident site photograph, notification of the results of crackdown on drinking driving, a statement of the situation of the driver in charge of driving, and a control report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime are determined as ordered by considering the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing as stated in the court below.

Unfavorable circumstances: The fact that he/she committed another crime of this case even though he/she had been punished several times due to drinking driving, the fact that he/she committed another crime of this case, the fact that he/she is highly favorable to drinking values: Three times the past record of the same crime, but all is a fine, confession and reflect, and the fact that he/she prevents recurrence by disposing of