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(영문) 대전지방법원 공주지원 2017.11.03 2017고단298
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[Power of crime] On April 27, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) from the Daejeon District Court’s official branch on April 27, 2007, and received a summary order of KRW 3 million for the same crime in the same court on March 10, 2014.

[Criminal facts] On August 14, 2017, the Defendant driven a balthro balth in B balth, while under the influence of alcohol concentration of about 500 meters at about 0.174% in front of the apartment complex 103 East-ro, Yol-ro, Yan-si, in the front direction of the Young-gu, Young-si, Yan-si, Yan-si, Yan-si, Yan-si, the lower court: (a) driven a balthro balth in the direction of the

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the occurrence of a traffic accident, report on a traffic accident (1) (2) (2) and report on the results of regulating the driving of alcohol, report on the circumstances of the driver who is placed in driving, and report on the control details;

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of details punished three times due to drinking driving);

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. 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. The Defendant, for the reason of sentencing Article 62-2 of the Criminal Act, has a number of criminal records of the same kind, and the blood alcohol concentration is high, thereby choosing imprisonment.

However, it shall be taken into account that the defendant is led to confession and against himself.

In this context, the defendant's age, sex, home environment, frequency and frequency of driving alcohol, circumstances after the crime, etc. are considered and judged as ordered.

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