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(영문) 대전지방법원 공주지원 2018.05.15 2018고단75
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On August 1, 2013, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating road traffic law in the public support of the Daejeon District Court on August 1, 2013, and on May 8, 2015, the Defendant was sentenced to a suspended sentence of two years for a period of eight months for a crime of violating road traffic law (drinking) in the same court.

[2] On February 15, 2018, the Defendant: (a) was a person who violated the provisions of the Road Traffic Act that prohibit the driving of a motor vehicle under the influence of alcohol twice or more, and (b) driven B K5 motor vehicles under the influence of alcohol with approximately 0.056% alcohol concentration in the 3km section from the 3km section to the front road of the Gongju-dong located in the same Sin-dong in the same Sin-dong, around February 15, 2018.

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 a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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

1. The circumstances that are disadvantageous to the reasons for imposing selective sentence of imprisonment: A person has already been able to drink two times;

In the past, the alcohol concentration at the time of the crime was very high to 0.232%, 0.190%, and it was recidivism even after the sentence of suspended execution was issued.

The interval from the past to the crime of this case is considerably short.

The favorable circumstances: The alcohol concentration at the time of the instant crime is relatively low.

In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.

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