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(영문) 대전지방법원 2017.11.22 2017고단3984

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 22, 2010, the Defendant was sentenced to a fine of four million won for a crime of violating road traffic laws at the Daejeon District Court on November 22, 2010, and on June 24, 2015, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on June 24, 2015, and seven times more of the same criminal records.

On October 9, 2017, the Defendant driven a B observer car under the influence of alcohol content of about 0.149% in blood at a section of about 2 km from around the trade influent restaurant in the Jung-gu Culture Complex, Daejeon to about 2km-dong, Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes to investigation reports (Attachment to the same type of crime records);

1. In light of the relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act’s unfavorable reasons for sentencing as to the crime: In addition, not only six times the history of the drinking crime, but also three times of suspended execution, whichever is the fact that the crime was committed again, and the circumstances favorable to the fact that the drinking is considerably high: The decision of the sentence that confessions and reflects the above circumstances: The sentence is inevitable in light of various sentencing conditions shown in the argument of the instant case, such as the defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.