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(영문) 대전지방법원 천안지원 2018.04.06 2017고단2873
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 24, 2010, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic law (driving alcohol) from the Hongsung Branch of the Daejeon District Court. On January 6, 2012, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating road traffic law (driving alcohol) in the support of the Daejeon District Court, and on July 8, 2015, the Defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violating road traffic law (driving alcohol) from the red support of the Daejeon District Court.

On October 24, 2017, at around 11:40, the Defendant driven a C highest typ car under the influence of alcohol concentration of about 0.234% in the section of about 8km, from around 202 to around 3-8, 2017, from the roads near the mutual influence house, to October 24, 2017, at around 11:55, the Defendant driven a C-high typ car under the influence of alcohol concentration of about 0.234% in blood.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Reporting of the occurrence of a traffic accident, reporting of a traffic accident, notification of the results of crackdown on the driving of alcohol, report on the circumstances of the driver under driving of alcohol, investigation report (report on the circumstances of the driver under driving of alcohol), and inquiry into the results of crackdown on the driving of alcohol;

1. Previous convictions in judgment: Inquiry about criminal history, reporting of the result of confirmation of the absence of disposition, and application of statutes of 1 copy of judgment;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) are against the Defendant’s mistake in recognizing the Defendant’s mistake, and the Defendant also received hospital treatment in order to improve drinking habits.

However, the defendant has already been subject to criminal punishment for traffic-related crimes including drinking driving.

In particular, a person who was sentenced to a suspended sentence of imprisonment due to drinking driving, as before the judgment, was sentenced to imprisonment, and the period of the suspended sentence has not yet expired.

The defendant shall be sentenced to imprisonment.

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