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(영문) 대전지방법원 홍성지원 2018.04.10 2018고단34

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 3, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving), and on September 22, 2016, the above court was sentenced to a fine of two million won or more for the same crime. However, on December 19, 2017, at around 20:40, the Defendant driven a vehicle at a level of drinking alcohol level of 0.08% B of blood alcohol level without a driver’s license from around 171, 171, a 171-ro, a new budget Eup of the budget in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul Special Metropolitan City, Seoul Special Metropolitan City on December 19, 2017, to a new example of 19, a 171-ro, a 19-day Seoul Special Metropolitan City budget Eup, from the roads before and after the new elementary school, to the front road in front of the 20-day Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Involving the ledger of driver's licenses, vehicle registered inquiries, and mandatory insurance (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime.

3. Unfavorable circumstances: The circumstances that are highly likely to be subject to criticism for recidivism, despite the fact that the records of punishment due to drinking driving are three times, are highly favorable to the risk of recidivism: confession and reflect, and there is no record of being sentenced to suspended sentence or more due to the same crime.