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(영문) 대전지방법원 2018.06.20 2018고단864

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

Punishment of the crime

On March 12, 2013, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Daejeon District Court on March 12, 2013, and a fine of 3 million won for the same crime in the same court on December 2, 2009, and the same driving power of the same drinking is added once.

Criminal facts

On February 22, 2018, the Defendant, who had been punished twice or more due to drinking driving, driven a car in body C from about 10 meters from the 10-meter section to the road in front of a mutually unclaimed restaurant in the door-gu during the large exhibition to the road in front of the Chungcheong comprehensive machine in the same Gu, while under the influence of alcohol at a 0.074% alcohol concentration among the blood transfusion around 21:30 on February 22, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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. 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. The sentencing of Article 62-2 of the Criminal Act shall be determined as ordered by taking into account all the circumstances below the reasons for sentencing.

A favorable normal: The one that is against the other, the other is relatively low, and the other is less poor than the driving distance: the one that has been punished several times due to the same kind of crime;