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(영문) 대전지방법원 홍성지원 2017.10.10 2017고단514

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Power of crime] On June 25, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court (drinking driving). On September 5, 2008, the Defendant was issued a summary order of KRW 2 million for the same crime.

[2] Although Defendant 1 had been punished twice or more due to drinking driving as above, Defendant 2 driven C 9 automobiles under the influence of alcohol with approximately 400 meters alcohol concentration 0.067% from the 40-meter radius to the front day of the Hanyang-gu Annyang-gu, Annyang-gu, Annyang-si, 1201, California, located in 39, a 39-gilh, Suyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annan-gu.

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. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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. 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.

Unfavorable circumstances: (a) despite the number of times the power of being punished for driving under the influence of alcohol(1, 2003, 2008, 2.2.), there is a relatively low alcohol concentration in blood and alcohol; (b) there is a relatively low degree of circumstances that may be considered in light of the fact that there is a high possibility of criticism in recidivism, and that there is a high risk of recidivism: the confession and reflect; (c) there is no history of punishment exceeding the fine; (d) the vehicle is disposed of; and (e) the vehicle is not driven under the influence of alcohol; and (e) there is a relatively low range of circumstances