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(영문) 대전지방법원 서산지원 2017.03.09 2017고단3

도로교통법위반(음주운전)

Text

1. The punishment of the accused shall be one year;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On January 24, 2008, the Defendant was sentenced to a fine of up to 6 million won for a crime of violating road traffic law (drinking driving) in the Seog branch of the Daegu District Court on January 24, 2008, and was sentenced to a suspended sentence of two years for the same crime in the Seogsan branch of the Daejeon District Court on September 26, 2014, and was sentenced to a suspended sentence of two years for the same crime on two or more occasions.

On December 26, 2016, the Defendant driven C Coin truck under the influence of alcohol leveling 0.094% from approximately 2 km to the front day of the Seosan Elementary School located in the Seosan-dong, Seosan-dong, Seosan-si, Seosan-si, Seosan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver in charge and on-site photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend, repeated the driving of a second alcohol even though he/she had a record of being punished for driving under drinking.

The defendant lacks the awareness of compliance seriously.

I seem to appear.

Although the defendant should be punished strictly, the defendant is expected to be aware of through the implementation of an order to observe the protection, observe the order, and attend the lecture in consideration of the details leading to the driving of the case, driving distance, alcohol concentration, etc. revealed in the public trial and investigation records, and finally, the defendant will be faced with the order, and the punishment shall be determined like the order.