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(영문) 대전지방법원 2018.01.09 2017고단3845
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 26, 2015, the Defendant was sentenced to one year of imprisonment for assault, etc. at Daejeon District Court, and completed the execution of the sentence on July 4, 2016.

On September 7, 2007, the Defendant was punished by a fine of two million won for a crime of violating the Road Traffic Act at the Jeju District Court on September 7, 2007, and the Defendant was punished by imprisonment with prison labor for the same crime in the same court on August 11, 2010 and two or more times for a two-year suspended sentence for the same crime.

Nevertheless, on September 8, 2017, the Defendant driven a c-wing truck in front of the 2nd village hall, in the state of alcohol concentration of 0.143% in the blood transfusion around 08:45 on September 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Description of a written reply to inquiries, such as criminal history;

1. Court rulings (Seoul District Court Order 2015 order 2225 dated September 3, 2015), case summary information inquiry (dated September 3, 2015), and the current status of acceptance by individuals, respectively;

1. Statement of the result of regulating driving of drinking alcohol;

1. Application of statutes on images of field photographs;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Consideration of the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities, the degree of alcohol concentration in the blood of this case, and the formulation of a vehicle among the roads, the records of punishment for drinking driving in 2007, 2008, and 2010, and the repeated offense of this kind, etc.

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