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(영문) 대전지방법원 홍성지원 2019.10.30 2019고단605
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 13, 2008, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court for the crime of violation of the Road Traffic Act. On October 14, 2010, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Daejeon District Court for the same crime on October 14, 2010. On June 3, 2015, the Defendant was sentenced to six months for imprisonment with prison labor for the same crime in the Hongsung Branch of the Daejeon District Court for the same crime, and on October 4, 2016, the Defendant completed the execution of the sentence by the Daejeon District Court for the same crime on August 4, 2017.

On June 1, 2019, at around 10:15, the Defendant driven a G G lueW50.6c 49.6c oba, while under the influence of alcohol, from about 5 km to the front road of the F cafeteria located in the same military E, via the front road of D located in the same military group C, to the front road of the F cafeteria located in the same military E.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A traffic accident report (1) (1) and a traffic accident report (2) (2).

1. Blue scambling images and caps photographs;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as a copy of the judgment, the current status of confinement of each individual, criminal records, etc.;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Despite the fact that there are several same proposals, including three cases subject to aggravated repeated crimes, which were sentenced to imprisonment with prison labor for the reason of sentencing Article 35 of the Criminal Act, due to such proposals, re-offending with very high drinking level during the period of repeated crimes and causing an accident without being able to do so, it is inevitable to make a strict punishment.

The punishment as ordered shall be determined in consideration of the favorable circumstances such as the violation of this, the fact that the crime does not cause human life damage, and the health and economic situation are not good.

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