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(영문) 대전지방법원 천안지원 2019.01.25 2018고단2825

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 13, 2008, the Defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act at the Suwon District Court on November 11, 2008, a fine of three million won as a crime of violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on November 11, 2008, and two years of suspension of execution as a crime of violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on July 27, 2009, and three million won as a fine from the Seocheon Branch of the Daejeon District Court on July 7, 2014 to a fine of three million won as a crime of violation of the Road Traffic Act (driving) at the Seocheon Branch Branch of the Daejeon District Court on December 4, 2014.

On October 25, 2018, at around 22:30, the Defendant driven a Csti-type car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.180% from the road front of the original post office located in the Dong-gu, Chungcheongnam-gu, Seoul Metropolitan City to the front road of the B Sti-type and the front road located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-do.

As a result, the defendant violated the prohibition of drunk driving at least twice, and once again drives a car while under influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the result of crackdown on drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry report, investigation report, confirmation of criminal records of a suspect, and application of a copy of judgment Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include a significant number of criminal records, among which the Defendant was punished, the criminal records of serving a suspended sentence of imprisonment with prison labor for a drunk driving, and the criminal records of serving a traffic-related crime are also included several times.

It is inevitable to sentence imprisonment with prison labor for the accused.

However, the defendant himself.