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(영문) 대전지방법원 공주지원 2018.09.07 2018고단313
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On December 22, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the official branch of the Daejeon District Court on December 22, 2008, and on March 13, 2015, the above court issued a summary order of KRW 4 million for the same crime.

[Criminal facts] On May 31, 2018, the Defendant driven a vehicle with C low alcohol content of about 0.237% from the 3km section of blood alcohol at around 0.237% under the influence of alcohol at around the front of the camping-gu training center in the Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, to the front road.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, a written appraisal of alcohol concentration, and a report on investigation (specific alcohol concentration in the blood);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the same criminal record and confirmation of the suspect);

1. The Defendant, on the grounds of the pertinent legal provision regarding the crime, Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding the selective sentencing of imprisonment, committed a second offense within a short period, even if he/she was punished by driving under a considerable drinking condition in around 2015, and the blood alcohol concentration at the time of the instant crime is very high.

Although the defendant disposed of his vehicle after the prosecution, it cannot be seen as a favorable condition to reduce the punishment by disposing of the vehicle in a situation where it cannot be operated for a long time in the future.

Although the defendant's criminal facts are contrary to the criminal facts, it is difficult to view that the punishment of a fine or a suspended sentence of imprisonment will be improved.

Therefore, the sentence of imprisonment with prison labor is imposed, and the time interval between the past and the crime of this case, and the actual criminal punishment has no record of criminal punishment in addition to the same crime, and the age of the defendant.

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