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(영문) 대전지방법원 홍성지원 2016.11.29 2016고단701

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the Hongsung branch of the Daejeon District Court on July 20, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act, and on October 12, 2009, the Defendant was sentenced to a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court on October 12, 2009, and was sentenced to a summary order of KRW 3 million for the crime of violation of the Road Traffic Act at least twice in total.

At around 14:30 on September 14, 2016, the Defendant driven a BTXG car while under the influence of alcohol content of approximately 0.189% from a 200-meter radius from the front line of the Daecheon Passenger Terminal located in Bocheon-si, Bocheon-si to the blind distance from the front line of the Daecheon Passenger Terminal in Bocheon-si, Bocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the state of the driving of a motor vehicle and notice of the control of drinking driving;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the defendant’s age, character and conduct, environment, circumstances before and after the crime of this case, and the background of the crime.

Unfavorable circumstances: The fact that a person has been punished for a total of four times due to driving without a license for drinking without a license but has a record of re-offending; the fact that the person has been punished for a total of four times, and that the blood alcohol concentration is very high at the time of enforcement and thereby causing a large risk to the safety of road traffic: The confession and reflect