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(영문) 대전지방법원 공주지원 2019.05.17 2019고단40

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On May 19, 2008, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Hongsung branch of the Daejeon District Court on May 19, 2008, and a fine of KRW 2 million at the same court on April 20, 2015, respectively.

【Criminal Facts】

On January 30, 2019, at around 19:48, the Defendant driven a cafeteria in the vicinity of Cheongyang-gun, Chungcheongnam-gun, with approximately 8km alcohol concentration of about 0.194% from the section of about 8km to the roads of Cheongyang-gun D., E in the state of alcohol.

Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Previous convictions indicated in the judgment: Criminal records, etc. and copies of the same summary order (Saegi-gu 2015 High Court Decision 237, 2008 High Court Decision 1494), applicable to statutes;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding criminal facts, Article 148-2(1) of the Act on the Selection of Penalty, Article 44(1) of the Act on the Punishment of Imprisonment with Labor’s Sentencing is very high and the distance of driving is not short, a number of criminal records exist, and in particular, even if two criminal records were committed for the same kind at the time of the last punishment, recidivism is not more than five years from the time of the last punishment, and the various sentencing conditions in the trial process