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(영문) 대전지방법원 서산지원 2017.06.02 2017고단287

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 22, 2015, the Defendant was sentenced to one year and six months of imprisonment for violation of road traffic law in the Seosan Branch of the Daejeon District Court on April 2, 2015 and was released on November 30, 2016 and passed on February 12, 2017 during the execution of the sentence. In addition, the Defendant was sentenced to imprisonment with prison labor for the same crime on October 10, 2013 and was sentenced to two years of suspension of execution for the same crime, etc. on at least two occasions.

On March 11, 2017, the Defendant driven CK7 car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.179% from the 50-meter section to the front road of the “sluni,” located at 4:15 square meters in Seosan-si Park, Seosan-si, Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, and F;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (hereinafter referred to as "record 51 pages"), and judgment, 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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The crime of this case was committed from the expiration date of the term of punishment due to the same kind of crime with reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act; the crime of this case was committed from the expiration date of the term of punishment due to the same kind of crime with reason; the fact that the blood alcohol concentration was high at the time of the crime of this case; the defendant's age, environment, sex behavior; the motive, means and consequence of the crime; and all of the sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, sex behavior; the motive, means and consequence after the crime, etc., shall