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(영문) 대전지방법원 공주지원 2017.06.23 2017고단121

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] On April 27, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of road traffic law in the official support of the Daejeon District Court on April 27, 2007, and on June 8, 2016, the above court issued a summary order of KRW 1 million as a fine for a violation of road traffic law.

[2] On April 10, 2017, the Defendant driven three cargo vehicles with alcohol concentration of about 3.5km from the front of the public parking lot near the public parking lot located in the Gongju-dong of the Gongju-dong of the same city to the front road of the main apartment zone located in the 3.5km-dong of the same city, the Defendant driven three cargo vehicles with alcohol concentration of about 0.183% under the influence of alcohol concentration in blood.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol by violating Article 44(1) of the Road Traffic Act, which prohibits driving under the influence of alcohol, on more than two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on the driving of drinking, a statement on the circumstances of the driver of drinking, notification of the results of crackdown on the driving of drinking, and a statement of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the same criminal records and confirmation of the suspect);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, has two previous offenses of the same kind, and the blood alcohol concentration is high, so the Defendant selects imprisonment with prison labor.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

In this context, the defendant's age, sex, occupation, home environment, frequency and frequency of drinking driving, circumstances after the crime, etc. shall be determined by taking into account various circumstances such as the defendant's age, sex, occupation, home environment, and the circumstances after the crime.