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(영문) 대전지방법원 2017.11.22 2017고단2437

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

On January 30, 2012, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Daejeon District Court on January 30, 2012, and was sentenced to a fine of two million won for the same crime in the same court on August 26, 2008, three times the same type of crime records.

On May 19, 2017, the Defendant driven a Ci30-car under the influence of alcohol content 0.149% in alcohol while under the influence of alcohol content 0.149% in front of a yellow-type restaurant of Jindong apartment located in the same Dong-gu, Daejeon, Daejeon, with approximately 2:20 on May 19, 2017.

Accordingly, the defendant was a person who violated two times or more due to drinking, and was driving again.

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 (the attachment report of the same type of case);

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. 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances favorable to the three times the criminal records of drinking driving: The confession and rebuttal are made, all the records of the crime of driving under drinking, and the fact that the above records of the crime of driving under drinking are all the past five years prior to the final records of driving under drinking;