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(영문) 대전지방법원 논산지원 2019.08.30 2019고단320

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On January 29, 2008, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act, etc. in the area of the Daejeon District Court’s subdivision support, and on April 30, 2010, the Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act (driving), etc. at the same court on September 4, 2015, sentenced to ten months of imprisonment for a violation of the Road Traffic Act (driving). On January 24, 2017, the Defendant completed the execution of the sentence in the Daejeon Prison on November 22, 2017.

【Criminal Facts】

1. On June 10, 2019, the Defendant: (a) around 18:25 on June 10, 2019, driven a F QT Austria under the influence of alcohol content of approximately 0.176% at the section of about 200 meters from the front day of the salted fish to C in Chungcheongnam-si, Chungcheongnam-si; and (b) from the front day of the salted fish to the front day located in the same city D.

2. On June 11, 2019, around 17:50 on June 11, 2019, the Defendant driven a F QT Austria under the influence of alcohol content of about 0.236% at the section of approximately 200 meters from the front side of the 200-meter radius in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the front side of the G house.

As a result, the Defendant, who was under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of previous records of the same kind), judgment, application of Acts and subordinate statutes to the status of confinement of individuals;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) that provides applicable legal provisions and the choice of punishment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: The defendant has a number of criminal offenses and seven criminal records among them;