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(영문) 대전지방법원 서산지원 2019.08.29 2019고단471

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 21, 2007, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving on the drinking), etc. on November 30, 2009, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving on the drinking), etc. on November 30, 200, and on November 27, 2012, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (driving on the drinking) at the military support of the Jeonju District Court.

【Criminal Facts】

On April 21, 2019, at around 01:55, the Defendant driven a B feld car in the state of alcohol alcohol concentration of about 700 meters from the front of the mutually aesthetic Do, which is located in the Sinsi-dong in Gyeonggi City, to the front road of the sports park located in the 2155-dong, Gyeonggi-do.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Papers of measurement records of drinking alcohol;

1. Inquiry the results of the drinking driving control;

1. A report on the actual state of the driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same criminal records as a suspect), summary-speaks, and application of statutes of the judgment;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 2018)

1. Article 62 (1) of the Criminal Act;

1. The defendant's criminal liability is not minor in light of the following: (a) the reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant has already been under the influence of alcohol once a suspended sentence due to drinking driving; and (b) once a fine was imposed four times; (c) the blood alcohol concentration in the instant case is considerably high; and (d) the circumstances are poor after

However, it is against the defendant's wrong recognition.