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(영문) 대전지방법원 2018.07.05 2018고단1503

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at the Daejeon District Court on May 10, 201, issued a summary order of one million won as a crime of violating the Road Traffic Act (drinking driving), and on January 2, 2012, the same court issued a summary order of one million won as a fine for the same crime, respectively. On April 11, 2014, the Defendant was sentenced to a suspended sentence of six months for imprisonment with labor for the same crime in the same court.

Nevertheless, the Defendant, while under the influence of alcohol 02:40 on April 18, 2018 at around 02:123% during blood, driven a motor vehicle B with low alcohol level from around the seat of the land conference located at No. 64, 1695, as the Dong-gu Daejeon East-gu, Daejeon-gu, to the 464-ro 12-ro Don-ro Don-ro 464 parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver driving, report on the detection of the driver driving of alcohol, investigation report, photographs on the control site, photographs of drinking measurement, report on the case list 112, report on the situation of driving of alcohol, and inquiry into the results of crackdown on the driving of alcohol

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force), each summary order, and application of the text of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The sentencing conditions stated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under Articles 53 and 55 (1) 3 of the Criminal Act that reduce the amount of punishment, shall be determined as ordered by taking into account the following circumstances:

The favorable circumstances: The fact that the confession is contradictory to the other, the prevention of recurrence is taking place, and the family members are disadvantageous to the other: The fact that there are several records of punishment for the driving of drinking, but it seems that there is a lack of awareness of the driving of drinking again, such as repeated committing the crime of this case, and that there is a considerable number of drinking values.