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(영문) 대전지방법원 2018.01.11 2017고단3802

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant received a fine of KRW 700,000 from the Daejeon District Court on June 28, 2007 as a crime of violating the Road Traffic Act (drinking driving), and served on September 14, 2019 as a person who received a fine of KRW 2,50,00 as a same crime from the Gwangju District Court's wooden Branch on September 14, 2019.

On August 9, 2017, the Defendant driven at around 23:00, Daejeon Seodong-gu Cargo Vehicles B in the state of alcohol 0.115% alcohol concentration at approximately 200 meters away from the 80-ro 80-5-ro of the same old old old-ro to the 7-5-ro of the same Gu-ro.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the result of a short-term drinking driving;

1. Notification of the results of regulating drinking driving;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, and each summary order (No. 21, No. 22) shall be made;

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. Article 62(1) of the Act on the Suspension of Execution [The fact that the defendant is aware of and against the crime of this case, the fact that the defendant has no criminal record exceeding the fine is favorable to the defendant, and traffic accidents have occurred due to driving of the defendant's drinking, and two times (207, 2010, and both fines) the records of punishment for the same crime as the defendant stated in the judgment of the defendant are punished, and the current Road Traffic Act provides that the prohibition of driving of drinking shall be punished more strictly in cases of persons who violate the provision on the prohibition of driving of drinking at least two times, etc., under the circumstances unfavorable to the defendant, such as the defendant's age, sexual behavior, environment, motive, means and consequence, circumstances before and after the crime, etc.