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(영문) 대전지방법원 2017.12.21 2017고단4271

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On June 27, 201, the Defendant, at the Daejeon District Court, issued a summary order of KRW 3 million for a violation of road traffic laws (driving), and on March 19, 201, the Daejeon District Court issued a summary order of KRW 6 million for a violation of road traffic laws (driving), respectively, on two or more occasions.

[2] On October 23, 2017, the Defendant driven a car at C's 200% alcohol level from the 3km section of approximately 0.128% in alcohol level to the roads near the Daejeon Middle-gu, Daejeon, Seo-gu, Daejeon to the 469-ro, Daejeon, to the 1258-ro, as follows: (a) the Defendant driven a car at C's 200-ro Do-ro Do-ro 279; and (b) the Defendant was under the influence of alcohol level from the 3km to the roads near the 1258-gu, Daejeon.

As a result, the Defendant violated the prohibition of drinking driving regulations not less than twice and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

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. Reasons for sentencing 0-2 of Article 62-2 of the Criminal Code of the Order to Attend and order to provide community service: The driving of drinking alcohol is a dangerous crime that may cause serious harm to other persons; the driving of drinking alcohol has been repeated six times or repeatedly; the degree of alcohol concentration in blood is not low; the confession and reflect of the crime; the crime is being committed; the crime does not occur; the damage has not occurred due to the crime; the family members must support the above circumstances; the driving distance and driving distance; the defendant's age, occupation, family relationship, economic condition, environment, circumstances before and after the crime; and other various sentencing conditions stated in the records are considered as a whole.