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대전지방법원 2016.02.03 2015고단4087

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

On May 3, 2007, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (drinking driving) at the Daejeon District Court on May 3, 2007, and on April 29, 2013, the above court was sentenced to imprisonment for six months and a suspended sentence of two years for the above crime, and the Defendant had a total of five same kinds of penalties.

피고인은 2015. 11. 13. 16:06 경 충남 금산군 추부면 마 전리에 있는 방가 갈비 식당 앞 도로에서 충남 금산군 추부면 마 전리에 있는 뚱 돼지 주먹 구이 식당 앞 도로에 이르기까지 약 3m 의 구간에서 혈 중 알콜 농도 0.163% 의 술에 취한 상태로 C SM520 승용차를 운전하였다.

As a result, the defendant was a person who violated the prohibition on drinking at least twice, and was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Traffic accident report, notification of the results of crackdown on drinking driving, statement report on the circumstances of the driver of drinking, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the said judgment) and other statutes;

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. Although the reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation was already punished by the Defendant for the same kind of crime, there is no responsibility for the crime in the instant case, but the Defendant recognizes and reflects the instant crime, and the Defendant would not drive alcohol again while disposing of the instant vehicle.

The main sentence is that there are disabilities, such as brine, urology, etc., with the disabilities of class 1 in delay in the defendant's functions, and other various sentencing conditions shown in the arguments of this case, including the details and motive of the crime of this case, the age, sex, family relation, and environment.