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(영문) 대전지방법원 서산지원 2017.01.19 2016고단730
도로교통법위반(음주운전)
Text

1. The punishment of the accused shall be one year;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On October 23, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of road traffic law in the Seosan Branch of the Daejeon District Court. On July 16, 2009, the Defendant received a summary order of KRW 2 million for the same crime from the same support on July 16, 2009. In the same support on August 28, 2009, the Defendant was sentenced to imprisonment for 4 months and 2 years for the same crime, and was sentenced to imprisonment for the same crime on November 25, 2010.

On August 18, 2016, the Defendant driven a body car at approximately 1.2km from around 16:45 to the front road of the National Bank located in the 65-lane of the same Eup/Myeon from the Do in front of the Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, to approximately 0.146% alcohol concentration in blood.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;

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 Defendant, for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, repeated the criminal facts of this case, even though he had been sentenced to a sentence due to drinking alcohol driving.

The defendant lacks the awareness of compliance seriously.

It is necessary to strictly punish the defendant.

However, considering the circumstances leading to the driving of the instant case and the driving time, etc., the defendant is expected to be able to know through the protection observation, and the last place is to be placed, and the punishment is determined as per the order.

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