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(영문) 대전지방법원 홍성지원 2018.11.06 2018고단309

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 19, 2008, the Defendant was sentenced to a suspended sentence of 2 months in imprisonment with prison labor for the same crime as a crime of violating road traffic law in support of the Sungnam branch of the Suwon branch of the Suwon branch of the Suwon branch of the Daejeon branch of the Daejeon branch of the District Court on June 10, 201, and a suspended sentence of 2 years in imprisonment with prison labor for the same crime.

Although the Defendant had been punished twice or more due to drinking driving, the Defendant driven C Hasta car with approximately 0.064% alcohol concentration from the 300m section to the front road of the same Eup/Myeon from the budget station located in the Chungcheongnam-gun budget Eup around March 27, 2018 to the front road of the vehicle, even though there was a history of punishment for two or more times due to drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history in the same paper) statute;

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 punishment is determined as ordered by comprehensively taking account of the following circumstances as well as the Defendant’s age, sex, environment, the circumstances before and after the instant crime, and the circumstances surrounding the instant crime, etc., as well as all the conditions of sentencing as indicated in the record, for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment.

The favorable circumstances: The confessions and reflects, the distance of drinking driving is relatively short, and the degree of alcohol concentration in the blood is relatively low: The fact that it is highly likely to be criticized for recidivism even though it includes a suspended sentence of imprisonment with prison labor with more than three times, which is punished by drinking driving, but it is highly likely to cause a high risk of recidivism.