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(영문) 대전지방법원 천안지원 2018.10.26 2018고단1988

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 5, 2007, the Defendant received a summary order of KRW 2.5 million for a violation of road traffic law (driving alcohol), etc. on the grounds of a violation of road traffic law, and on May 11, 201, the Defendant was sentenced to a fine of KRW 6 million for a violation of road traffic law (driving alcohol), and on July 6, 201, the Defendant was issued a summary order of KRW 2.5 million for a violation of road traffic law (driving alcohol) at the astronomical support of the Daejeon District Court. < Amended by Act No. 1080, Jul. 6, 2011>

On June 16, 2018, around 20:54, the Defendant driven Cpoter vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of 0.185% from the 100-meter section around the south-gu Seoul Metropolitan City Housing, Nam-gu, Seoul Metropolitan City.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction in judgment: Application of each of the Acts and subordinate statutes of one copy of the judgment, such as a written reply to inquiry, such as criminal history (A), report on investigation (verification of the same type of force), and

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include a large number of criminal records that the Defendant had been punished prior to the instant case, and among them, the Defendant was punished several times for traffic-related crimes, including drinking, like the previous conviction in the judgment.

However, the Defendant driven a motor vehicle with a significant alcohol concentration in blood.

However, the defendant has recognized his mistake, and he has no record of punishment heavier than a fine due to driving of drinking.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.