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(영문) 대전지방법원 2017.11.20 2017고단2685

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On July 22, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law (drinking driving) at the Daejeon District Court on July 22, 2013, and a fine of KRW 1.5 million for a violation of road traffic law (drinking driving) at the Daejeon District Court on January 20, 2017.

[Criminal facts] On May 27, 2017, the Defendant driven C Large CA100 Obaba while under the influence of alcohol leveling 0.072% of the blood alcohol level at approximately 2 km from the Do in front of the use movement in Daejeon-dong, Daejeon-dong, to the roads front of the mutually beneficial church in the same Gu.

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 condition, a alcohol measurement photograph, a notification of the results of the crackdown on drinking driving, a statement of the situation of the driver at drinking, an investigation report, an inquiry into the results of crackdown on drinking driving, the details of inquiry about the management of the report on driving at drinking, and an investigation report (the cause of

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation (applicable to the same type of judgment), and application of each summary order Acts and subordinate statutes;

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, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

3. Unfavorable circumstances: The circumstances favorable to the fact that he/she again committed the crime of this case even though he/she had been punished twice due to drinking driving: The confession and reflect are three times the criminal records of the same kind of crime, but all of the fines are fine, and the prevention of recurrence is being prevented.