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(영문) 대전지방법원 공주지원 2017.08.25 2017고단185
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 19, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a violation of road traffic law (driving alcohol), etc. on October 30, 2007, a summary order of KRW 3 million for a violation of road traffic law (driving alcohol) at the same court on October 30, 2007, and a summary order of KRW 6 million for a violation of road traffic law (driving alcohol) at the same court on April 12, 2010, and on July 3, 2013, the Defendant was sentenced to a summary order of KRW 6 million for a violation of road traffic law (driving alcohol) at the official support of the Daejeon District Court on July 3, 2013.

[Criminal facts] On May 18, 2017, the Defendant driven a coo car in B while under the influence of alcohol content of about 100 meters from the main point of “here-gu, 7080,” which is located in the new Sin-si, Sin-si, Sin-si, Sin-si, to the front route of “LGbestm shop” located in the same Dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Report on the occurrence of a traffic accident, report on the actual condition, investigation report on the situation of a driver placed at driving, report on the investigation (report on the situation of a driver placed at driving), notification of the results of regulating the driving of drinking, inquiry into the results of regulating the driving of drinking, and report on investigation;

1. On-site photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of criminal punishment for a suspect's driving under influence of alcohol);

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a number of criminal records of the same kind, and it is inevitable to choose a sentence of imprisonment.

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

The defendant's age, sex, family environment, and family environment.

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