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(영문) 대전지방법원 공주지원 2018.01.26 2017고단401

도로교통법위반(음주운전)

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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

[2] On September 27, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court, and on February 19, 2014, the above court issued a summary order of KRW 3 million as a fine for the same crime.

[2] On November 14, 2017, the Defendant: (a) was a person who violated the provisions of the Road Traffic Act prohibiting the driving of a motor vehicle under the influence of alcohol twice or more, and (b) was driving a C QM6 motor vehicle under the influence of alcohol with approximately 30 meters alcohol concentration of about 0.143% from the 30-meter section of alcohol to the front of the mobilization entrance, around November 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the occurrence of a traffic accident, report on a traffic accident (1) (2) (on-site investigation report), inquiry into the results of crackdown on drinking driving, report on the situation of the driver in charge, investigation report, investigation report (report on the situation of the driver in charge), control records, notification on the results of crackdown on drinking driving, notification on the results of crackdown on drinking driving, report on the handling of reported cases, report on the investigation report (victim

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the same criminal record 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 reasons for sentencing under Article 62-2 of the Criminal Act include criminal records of the same kind, the alcohol concentration in blood is high, and traffic accidents are inevitable.

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

Accordingly, the defendant's age, sex, home environment, frequency and frequency of drinking driving, circumstances after the crime, etc. shall be determined in consideration of various circumstances, such as the defendant's age, sex, home environment, and the circumstances after the crime.