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(영문) 대전지방법원 홍성지원 2012.12.17 2012고단911

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On July 1, 2010, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act, etc. in the Hongsung Branch of the Daejeon District Court on July 1, 2010, and on December 9, 2010, the same court was sentenced to two months for a crime of violation of the Road Traffic Act (unlicensed Driving) in the said suspended sentence, and the said judgment became final and conclusive on December 10, 2010, and the said suspended sentence became null and void, and on June 30, 201, the parole period of the said sentence was expired on August 8, 201.

2. On October 12, 2012, around 21:10, the Defendant driven a B rocketing car with approximately 10km alcohol level of 0.126% under the influence of alcohol level from the 10km section to the road in front of a mutually influent restaurant located in the Yannam-gun budget-based, Nowon-do, to the road in front of the same military interest branch in the same military.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Statement in the circumstances of an employee;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (report attached to a written judgment), and current status of confinement of individuals;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated crimes, is that the Defendant already committed the instant crime during the period of repeated crimes despite the record of punishment of fines and punishment of suspended execution due to the same violation of the Road Traffic Act in four times, and that the blood alcohol concentration level at the time is significant, and that the Defendant appears to have the attitude of light of the law in light of repeated drinking and unlicensed driving.

However, the Defendant appears to be against the Defendant’s dignity while making a confession of the instant crime, and the Defendant’s wife and the branch want to have the Defendant’s wife.