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(영문) 대전지방법원 공주지원 2018.10.12 2018고단327

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 11, 2018, at around 20:45, the Defendant driven a D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant legal provisions regarding criminal facts, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, the blood alcohol concentration at the time of committing the crime on the grounds of sentencing selective punishment, at the time of imprisonment, is very high to 0.18%, and the risk of traffic accidents, as the Defendant goes beyond the median line and moves over the median line, was very high.

The Defendant had already been convicted of two drinking alcohol driving and refusing to measure drinking once, and even if he was punished by driving under the influence of at least 0.2% of alcohol during four years ago, he/she committed recidivism in a short term. The Defendant was subject to a fine for all the same kind of crimes, but there is a high possibility of criticism again.

Although there are circumstances such as the fact that the defendant's mistake is contrary to the defendant's health and that the defendant's health is not good, it is not reasonable to punish the defendant exceptionally for such reason when considering the defendant's behavior of drinking.

Therefore, the sentence of imprisonment shall be imposed on the accused, and the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, the Defendant’s age, occupation, sex, family relationship, and various sentencing conditions as shown in the trial process.