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(영문) 대전지방법원 논산지원 2015.11.10 2015고단437
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of KRW 1,00,000 for a violation of the Road Traffic Act on October 4, 2010, and a fine of KRW 4,00,000 for a violation of the Road Traffic Act (driving) on December 13, 2010, respectively. On December 28, 2011, the Defendant was sentenced to a fine of KRW 1,00,000 for a violation of the Road Traffic Act (driving) and completed the execution of the sentence on August 27, 2012.

On July 12, 2015, the Defendant driven BM5 vehicle under the influence of alcohol level of 0.175% at a section of about 50 meters from the front of the Mandongp, which is located in the area of the Mandong-si, the Mandong-si, the Mandong-si, the Mandong-si, the GM5 vehicle.

As a result, the defendant, who committed a crime of violation of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Indicating the occurrence of a traffic accident, a report on actual condition, a report on the scene of the accident, a photograph of the scene of the accident, a report on the results of crackdown on drinking driving, and an inquiry about the results of

1. Previous records of judgment: Application of criminal records, etc., investigation reports (Attachment to the previous and summary order), investigation reports (Attachment to the judgment and confirmation of the date of release) prepared by an inquiry report by the prosecution assistant, including criminal records, and statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

2. Article 35 of the Criminal Act among repeated crimes (based on the criminal record of injury, etc.).

3. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant, as stated in its reasoning, was sentenced to a fine twice due to drinking driving, etc., but, during the period of repeated crimes, he/she driven alcohol during the period of repeated crimes and provided minor traffic accidents. Therefore, the illegality and the risk of recidivism is high

In addition, the blood alcohol concentration level is relatively high.

Therefore, the sentence of sentence against the defendant is inevitable.

However, there is a relatively short distance between the defendant and the person driving under the influence of alcohol.

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