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(영문) 대전지방법원 홍성지원 2018.07.10 2018고단346
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 18, 2013, the Defendant issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving), a summary order of KRW 3 million for the same crime in the same court on December 21, 2007, and a summary order of KRW 4 million for a fine of KRW 1 million for the same crime on July 19, 2006 in the Sungnam branch of Suwon branch of Suwon District Court, respectively.

[2] Although Defendant 1 had been punished for a violation of the Road Traffic Act (driving) more than twice as above, Defendant 2 driven B food cars under the influence of alcohol concentration of about 0.14% from the 25km section of blood alcohol to the 0.14% distance from the 25km-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, a mutual influencing cafeteria, around April 3, 2018, at around 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions: Application of written inquiries about criminal history, application of summary order-based Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of the instant crime, etc., the sentence as ordered shall be determined.

Unfavorable circumstances: The fact that there is a high possibility of criticism for recidivism even though the power that was punished due to drinking driving was 4 times (200, 2006, 2007, and 2013) but there is a high risk of recidivism, and that there is a high level of risk of recidivism in the blood, and that there is a high level of alcohol concentration in the blood: the confession and reflect.

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