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(영문) 대전지방법원 공주지원 2017.09.15 2017고단214

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On September 28, 2009, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of road traffic law in the official support of the Daejeon District Court on September 28, 2009, and on June 17, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law (driving) at the Daejeon District Court on June 17, 2008, and was sentenced to a suspended sentence of two years for a violation of road traffic law (driving).

[2] On July 1, 2017, the Defendant driven a B-be cargo vehicle with approximately 1km in alcohol concentration of 0.190% in blood, while under the influence of alcohol leveling from the same parking lot from the 101 unit of the 101 unit of the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the G-II.

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. A protocol concerning the examination of the police officers of the accused;

1. A report on the occurrence of a traffic accident, a traffic accident report (1) (2) (1) (2), a notification of the results of crackdown on drinking driving, inquiry into the results of crackdown on drinking driving, a statement of the circumstances of the driver under driving under the influence of alcohol, a report on the investigation (report on the situation of the driver under the driving

1. An accident scene photograph;

1. Previous convictions indicated in the judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation reports (verification as to whether they fall under the date of release from office and the period of drinking driving);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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, for the reason of sentencing Article 62-2 of the Criminal Act, has the same criminal records and the alcohol concentration in blood is high, choice of imprisonment with labor.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

In this context, the defendant's age, sex, home environment, frequency and frequency of driving alcohol, circumstances after the crime, etc. are considered.