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(영문) 대전지방법원 천안지원 2018.09.14 2018고단1481

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for up to six 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 June 1, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of road traffic law (drinking driving) from the Daejeon District Court's branch office, and a summary order of KRW 1 million as a fine for a violation of road traffic law (drinking driving) on June 1, 2013.

On May 23, 2018, the Defendant driven a F Truck at a section of about 600 meters from the front side of the irrigation village in Asan-si, an Eup/Myeon in Asan-si, to the front side of the repair village in Asan-si, an Eup/Myeon in Asan-si, an Eup/Myeon, while under the influence of alcohol content 0.12% during blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation);

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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven a motor vehicle under the influence of alcohol even though he/she had a record of being punished for drinking on three occasions.

However, the defendant recognizes his wrongness.

The defendant has no past record of punishment heavier than a fine prior to the instant case.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.