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(영문) 대전지방법원 공주지원 2019.10.18 2019고단319

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[Criminal Power] On May 27, 201, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act in the public support of the Daejeon District Court on May 27, 201, and on August 30, 2013, the same court sentenced three years of suspension of execution to one year of imprisonment with prison labor for a violation of the Road Traffic Act, and on November 6, 2015, on April 8, 2016, when the judgment became final and conclusive, the execution of the sentence was terminated by the public prison on May 17, 2017.

【Criminal Facts】

At around 04:30 on August 16, 2019, the Defendant driven a D car under the influence of alcohol level of about 0.203% in the section of approximately 1km from the front side of the Gongju-si to the place of insularity C.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control and a manual of control;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of force), and Acts and subordinate statutes to the Acts and subordinate statutes during the period of repeated crimes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act provides that the blood alcohol concentration at the time of committing the crime for sentencing is extremely high among repeated offenders.

The Defendant had seven criminal records for the same kind of crime, and thereby repeated the period of repeated crime.

It is reasonable to punish the defendant strongly.

In consideration of the fact that the defendant is selected to commit the crime, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, occupation, family relationship, and various sentencing conditions shown in the trial process.