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(영문) 대전지방법원 천안지원 2018.10.25 2018고단1250

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 17, 2007, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law in the Hongsung branch of the Daejeon District Court on September 17, 2007, and on January 13, 2010, the Defendant was sentenced to a suspended sentence of two or more times for a violation of road traffic law (driving under drinking), and was sentenced to a suspended sentence of two or more times for a violation of road traffic law (driving under drinking) in the Hongsung branch of the Daejeon District Court on January 13, 201.

[2] On April 30, 2018, the Defendant driven a vehicle Ci30-car under the influence of alcohol level of 0.105% while under the influence of alcohol level of 0.105% from the front of a mutually undeveloped restaurant located in the Southern-gu New-dong, Southern-gu, Chungcheongnam-gu, Seoul to the front day of the “limited investigation” located in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation report (Attachment of the same kind of force to the suspect), additional summary order, and application of the text of the judgment and the Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures have already been sentenced to punishment for the crime of drinking alcohol driving on three occasions, including a suspended sentence sentence. However, the fact that the defendant's mistake is recognized, and the defendant has no record of being punished for any crime other than the records of the same kind of crime, and the defendant's age, sex, sex, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc. shall be comprehensively considered and determined as the sentence as ordered.