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(영문) 대전지방법원 홍성지원 2018.12.12 2018고단548

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 September 28, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Daejeon District Court's red support on September 28, 2009.

1. On April 16, 2018, the first criminal defendant driven a Dok car under the influence of alcohol content of about 0.157% from a section of about 500 meters from the front of the defendant's residence in Bogi-si B to the front of the above residence, via the defendant's arguments located in the same city C, to the front of the above residence, and again drive a Dok car under the influence of alcohol content of about 0.157%.

2. The Defendant, as seen above, violated Article 44(1) of the Road Traffic Act twice or more, driven the said car under the influence of alcohol content of about 1km from the front of the above Defendant’s residence to about 16:30 on the same day, from around 16:30, to about 5:0,000 on the 1km of the Si/Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Notification of the result of regulating driving of drinking alcohol (No. 5 in the evidence list);

1. Report on the circumstances of driving under the liquor:

1. Notification of the result of regulating driving of drinking alcohol (No. 10 in the evidence list);

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (A) and the application of summary order statutes;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking under the holding), Article 148-2 (1) 1, and Article 44 (1) (the point of drinking under the holding), Article 148-2 (2) 2, Article 148-2 (1), and Article 44-2 (2) (the point of drinking under the holding of the judgment No. 2), the selection of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 20

1. Article 62 (1) of the Criminal Act on the stay of execution (The following conditions considered as favorable for the reasons of sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a person who had already been convicted of driving two recommended drinking alcohol prior to the crime of this case and was found to have been guilty of the crime of Article 1 of the judgment that was committed in a very high drinking figure, and the defendant is not aware of it at least two hours after being discovered of the crime