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(영문) 대전지방법원 2017.09.28 2017고단3074

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 1, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the Daejeon District Court on November 2, 2007, and a fine of three million won for a violation of the Road Traffic Act (drinking driving) at the Daejeon District Court on November 2, 2007, and on September 26, 2008, the period of suspension of execution was two years for a violation of the Road Traffic Act (dacting driving) at the Daejeon District Court on September 26, 2008, and one year for a violation of the Road Traffic Act (dacting driving) at the Daejeon District Court on August 27, 2015, and the period of parole passed on April 23, 2016.

[2] On June 5, 2017, the Defendant driven C Poter vehicle at a distance of about 10 meters from the front side of the elderly in the Daejeon Seo-gu Daejeon-gu to the front side of the same luxal lux, while under the influence of alcohol content of around 0.072% during blood transfusions.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, statement of the situation of the driver under the influence of alcohol, statement of control details, statement of alcohol during blood, report on detection of the driver under the influence of alcohol, inquiry of the results of crackdown on the driving of alcohol, and report on the situation of the driving

1. Previous records: Application of the results of inquiry, investigation reports (verification of the past records of the same kind of crime and the period of repeated crimes) Acts and subordinate statutes;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is that the Defendant, who led to the confession of the instant crime, and the prevention of recurrence, is against the Defendant.

However, even though the Defendant had been punished several times due to drinking driving, the period of repeated crimes is one year after he was sentenced to imprisonment for the same kind of crime and was released from prison.