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(영문) 대전지방법원 공주지원 2018.01.26 2017고단400

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 January 28, 2008, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of road traffic law at the Changwon District Court on the summary order of KRW 500,000 as a fine for the same crime at the above court on June 22, 2009.

[2] The Defendant: (a) was a person who violated the provisions of the Road Traffic Act that prohibit the driving of a motor vehicle under the influence of alcohol not less than twice as stated in a criminal record; and (b) was driving B NewcomD motor vehicle B under the influence of alcohol with approximately 0.169% alcohol concentration in the 1km section from September 26, 2017 to September 23:06, 201, under the influence of alcohol, from the main direction of “Berging” in the Sin-si, Sin-si, Sin-si on September 26, 2017 to the front road in the Dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. Report on the occurrence of a traffic accident, report on a traffic accident (1) (2) (2) and report on a traffic accident, report on the processing of the reported case, report on the situation of the driver at home, report on the situation of the driver at home, report on the investigation (report on the situation of the driver at home), report on the results of regulating the driving of drinking, and inquiry into the results of regulating

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.