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(영문) 대전지방법원 홍성지원 2017.10.10 2017고단532
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 2, 2009, the Defendant was issued a summary order of KRW 1.5 million for a violation of road traffic law in the Hongsung Branch of the Daejeon District Court, and on March 23, 2009, the Defendant was issued a summary order of KRW 1 million for a violation of road traffic law (driving driving) in the same court.

[2] Although Defendant 1 had been punished twice or more due to driving of alcohol as above, Defendant 2 driven B cargo vehicle under the influence of alcohol with approximately 0.187% alcohol concentration in the section of approximately 500 meters from the section of the Agricultural Machinery up to the front side of the Agricultural Machinery for the same city from the Han-gu Kan-si Kan-si Kan-si Kan-si Kan-si, which is located in the main intersection of the city, on June 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on detection of the driver of the main place of business and a written appraisal of alcohol concentration in the blood;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, such as criminal history, and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime.

Unfavorable circumstances: The normal circumstances that are highly likely to be subject to criticism for recidivism despite the fact that the history of punishment for driving under drinking has been twice or more but are highly favorable to the risk of recidivism: The confession and reflect, and there is no record of punishment exceeding the fine.

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