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(영문) 대전지방법원 2018.04.05 2018고단263
도로교통법위반(음주운전)
Text

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

On November 5, 2010, the Defendant issued a summary order of a fine of 1.5 million won for a crime of driving under the Road Traffic Act at the Seocheon Branch of the Daejeon District Court on December 29, 2010, and became final and conclusive on December 23, 2010. On July 23, 2015, the Defendant was issued a summary order of a fine of 4 million won for a crime of violating the Road Traffic Act (driving) and the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Daejeon District Court on July 23, 2015 and was finalized on August 11, 2015, and was in violation of Article 44(1) of the Road Traffic Act at least twice.

On December 8, 2017, the Defendant driven C Mtz vehicles over a section of about 400 meters from the front of the Ggro cafeteria to the front of the triular road located in the same Dong, as the Defendant was under the influence of alcohol content of 0.136% among the blood transfusions around 3:45 around December 23:45, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes attached to each investigation report, investigation report, confirmation report, inquiry letter, such as criminal history, the list of relevant cases, and summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense and the choice of imprisonment with prison labor;

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. Although Article 62-2 of the Criminal Act provides community service and order to attend a lecture, if considering the repeated driving of drinking alcohol even though many people have shown the same kind of reasons for sentencing, the defendant should be punished strictly. However, the defendant should be punished strictly, considering the fact that mistake is recognized and contradictory, and all of the sentencing conditions shown in the records, such as the defendant's age, sex, family environment, etc., shall be determined as ordered

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