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(영문) 대전지방법원 2019.03.28 2018고단4802

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 30, 2014, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Daejeon District Court, and on June 29, 2016, the same court was sentenced to a suspended sentence for eight months by imprisonment for a violation of the Road Traffic Act.

Criminal facts

On December 13, 2018, the Defendant was under the influence of alcohol with 0.104% of blood alcohol concentration around 22:43 on December 13, 2018, and the Defendant driven the EM5 car from the cafeteria parking lot in Seo-gu Daejeon to about 1km distance.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Grounds for aggravated punishment for the relevant Article of the crime and for the selection of the punishment under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Confession of the same kind of drinking alcohol, the concentration of high blood alcohol, and the cumulative records of the same punishment: Confession and dependent family members;