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(영문) 대전지방법원 논산지원 2014.08.26 2014고단310
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On December 11, 2009, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a violation of the Road Traffic Act for the purpose of violation of the Road Traffic Act, etc. in the Daejeon District Court Seosan Branch of the Daejeon District Court on July 22, 2011, and was sentenced to eight months of imprisonment for a violation of the Road Traffic Act for eight months for the purpose of violation of the Road Traffic Act (driving) at the Daejeon District Court Seosan Branch of the Daejeon District Court on November 8, 2011, and the said judgment became final and conclusive on November 8, 2011, and the execution of the sentence on September 26,

【Criminal Facts】

The defendant is a person who violates Article 44 (1) of the Road Traffic Act not less than twice, such as the statement of criminal records.

1. On June 9, 2014, around 00:25, the Defendant driven a C van while under the influence of alcohol of about 0.176% of blood alcohol level at a section of approximately 1m of the 1stm road in front of the native-gro-grac month 168, 168.

2. At around 08:50 on June 9, 2014, the Defendant driven a C-car with a alcohol level of about 0.251% under the influence of alcohol at approximately 30 meters from the 300m section, 1382, 1382, 30-3, E-V, E-V, E-V, E-U. to the c-V.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control, each report on detection of drivers, the circumstantial statement of each host driver, and the survey report on actual status; and

1. Criminal records as stated in the judgment: Application of the inquiry report, the current status of personal identification, and the Acts and subordinate statutes in each copy of the judgment;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. 경합범가중 형법 제37조 전단, 제38조 제1항 제2호, 제50조 양형의 이유 [불리한 정상] 음주운전 전과 총 6회, 동종 누범, 특히 2014. 5. 초경 음주운전을 하다가 교통사고를 야기하고도 불과 한 달 후에 다시 음주운전을 하였음, 하룻밤 사이에 2회 음주운전, 2차례 모두 혈중알코올농도 상당히 높음 [유리한 정상] 반성하고 있음

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