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(영문) 대전지방법원 공주지원 2018.11.09 2018고단378
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 13, 2009, the Defendant was sentenced to a summary order of KRW 5 million for a violation of road traffic laws (driving alcohol), etc. in the Daejeon District Court's Branch of the Daejeon District Court on November 11, 2009, and a summary order of KRW 4 million for a violation of road traffic laws (driving alcohol) was issued on November 25, 201, respectively. On November 25, 2010, the Defendant was sentenced to a suspended sentence of four months for a violation of road traffic laws (driving alcohol) at the Incheon District Court's Branch of the Daejeon District Court's Branch of the Daejeon District Court.

[2] On May 2, 2018, around 04:06 on May 2, 2018, the Defendant driven Dworka car with a distance of about 38 km from the front line of “C” to the front line of “C,” located in “C,” to the front line of Gongju-si, and 0.104% of alcohol level during blood during the missionary work.

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 regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry inquiry letter, such as criminal history, and an investigation report (verification of suspect's previous convictions and three times) statute;

1. The defendant has a criminal record of drinking three times prior to driving under the relevant law, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the sentencing of sentence of imprisonment, and the sentencing of sentence.

Although the Defendant was subject to a fine or a suspension of the execution of imprisonment with labor, he/she was under the influence of drinking again, and his/her blood alcohol concentration at the time of the instant crime is not weak.

It is not reasonable to impose a fine again or a suspended sentence of imprisonment, in consideration of the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and the considerable time has elapsed from the past crime to the crime of this case, etc., but it is not reasonable to impose a fine again or a suspended sentence of imprisonment.

Therefore, the defendant is sentenced to imprisonment with prison labor, and the degree of alcohol in blood at the time of the crime is seen earlier.

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