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(영문) 대전지방법원 공주지원 2018.04.27 2018고단39
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 16, 2017, 14:20, the Defendant driven a B B B B scopon with alcohol content of about 0.151% from the 3km section of blood alcohol at the 3km section from the commercial cafeteria located in the new scopic city, scopic city, scopic city, scopic city, to the entrance of the middle scopic scopic city, scopic city.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the notification of the results of regulating drinking driving;

1. The defendant has a criminal record of drinking alcohol, four times in consideration of the relevant legal provisions and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning the crime, the reason for sentencing of the choice of imprisonment, and the defendant's reason for sentencing.

In the past, the alcohol content at the time of committing a crime in the past is very high, such as 0.19%, 0.246%, etc., and the Defendant was sentenced to a punishment, but was sentenced to a second offense, but the Defendant again committed a second offense. There is no room for the Defendant to improve the habitle of driving alcohol.

The alcohol concentration at the time of the instant crime is also 0.151% high.

Therefore, the sentence of imprisonment should be sentenced to the defendant.

In addition, as long as there are a large number of circumstances disadvantageous to the defendant, even if there are circumstances that seem favorable to the defendant, such as the fact that considerable time has elapsed from the previous drinking driving, or that the defendant is against the defendant and the defendant's health is not good, it cannot be considered as factors to reduce the defendant's punishment.

Therefore, the punishment shall be determined by the upper limit of statutory penalty.

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