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(영문) 대전지방법원 공주지원 2017.12.22 2017고단368

도로교통법위반(음주운전)

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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 May 8, 2008, the Defendant received a summary order of KRW 3 million due to a violation of road traffic laws in the public support of the Daejeon District Court on May 8, 2008. On August 12, 2008, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic laws (driving) in the same court.

[Criminal facts] On November 6, 2017, the Defendant driven a car with B Malaysia while under the influence of alcohol leveling 0.183% in alcohol level from the front day of the Samung apartment apartment in the Newdong-dong at the time of Gongju-si to the front day of the representative of the modern flag parts located in the Gongju-si 1:32 in the city of Gongju-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written investigation report, a statement on the situation of a driver of a vehicle driving, an investigation report (report on the situation of a driver of a vehicle driving), an inquiry into the results of crackdown on the driving of drinking, notification of the results of crackdown on the driving of drinking, an investigation report (Correction of the criminal facts subject to drinking), and an investigation report on the case

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, details of inquiry about management of a master report, and application of Acts and subordinate statutes to investigation reports (not later than three times the driving history of drinking);

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. The Defendant, for the reason of sentencing Article 62-2 of the Criminal Act, has a number of criminal records of the same kind, and the blood alcohol concentration is high, thereby choosing imprisonment.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

Accordingly, the defendant's age, sex, home environment, frequency and frequency of drinking driving, circumstances after the crime, etc. shall be determined in consideration of various circumstances, such as the defendant's age, sex, home environment, and the circumstances after the crime.