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(영문) 대전지방법원 2017.07.20 2017고단1843

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On July 13, 2006, the Defendant was issued a summary order of KRW 700,000 by the Daejeon District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on January 13, 2009, the same court issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving).

[2] On May 6, 2017, the Defendant driven a C-Ban car under the influence of alcohol content of approximately 0.098% from a section of about 300 meters from the front of the cafeteria of this Madine to the front road of the apartment in the village located in the same Dong from May 6, 2017, in a state of under the influence of alcohol of about 300 meters.

Accordingly, the defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the details of the crackdown, notification of the results of the crackdown on drinking driving, report on the circumstances of the driver who takes driving, investigation report, and inquiry about the results of the crackdown on drinking;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime are determined as ordered by considering the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing as stated in the court below.

Unfavorable circumstances: The circumstances favorable to the fact that he/she again committed the instant crime even though he/she had been subject to punishment several times due to driving without a license for drinking: The fact that he/she has been sentenced to a fine three times the past records of the crime of driving under drinking, but all is the past eight years of the past record of the crime of driving under drinking, and