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(영문) 대전지방법원 공주지원 2017.07.14 2017고단115

도로교통법위반(음주운전)

Text

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 November 18, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the public order of Daejeon District Court on November 18, 2008, and on July 10, 2013, the above court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving).

[2] On April 24, 2017, the Defendant driven a Dsch Rexton car under the influence of alcohol concentration of approximately 0.120% from the blood 2km section to the front road located in the Cheongju-si, Cheongju-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act prohibiting driving under the influence of alcohol not less than twice, and drives a motor vehicle under the influence of alcohol by violating it again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiry into the results of crackdown on driving under drinking (in-depth 4 of investigation records), a statement of the situation of the driver under driving under drinking, an investigation report (in-depth report of the driver under driving under drinking), an investigation report, the details of crackdown, and a notification of the results of

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on the same kind of records as the suspect);

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 the same criminal records and the alcohol concentration in blood is high, choice of imprisonment with labor.

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

In this regard, the defendant's age, sex, frequency and frequency of drinking driving, circumstances of the crime, and circumstances after the crime are considered and judged as ordered.