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(영문) 대전지방법원 홍성지원 2018.10.23 2018고단611

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 28, 2006, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a crime of violating road traffic law (dacting driving) with red support of the Daejeon District Court on August 28, 2006, and a summary order of KRW 4 million as a fine for the same crime in the same court on October 8, 2016.

[2] Although the Defendant had been subject to punishment for a crime of violating the Road Traffic Act (drinking) not less than twice, on August 12, 2018, the Defendant driven B car II in the section of about 3 km from around 57 km to the front day of the same king Hong-gun, Hongsung-gun, 247, a flown at around 0.125% under the influence of alcohol while under the influence of alcohol at around 20:31 on August 12, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime.

The favorable circumstances: The confession and reflect, the fact that there is no record of punishment exceeding the fine, and the fact that the drinking will no longer be driven.

The circumstances that are disadvantageous to the transfer of a vehicle: The fact that there are two times (2006, 2016, 2016) that there is a high possibility of criticism for recidivism and high risk of recidivism, and that the alcohol concentration in the blood is relatively high.