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(영문) 대전지방법원 공주지원 2018.01.26 2017고단389
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On February 10, 2015, the Defendant was sentenced to a suspended sentence of one year for a crime of violating road traffic law in the official support of the Daejeon District Court on February 10, 2015, and on September 12, 2009, the above court issued a summary order of two million won for a crime of violating road traffic law (drinking driving) at three times.

[2] On October 20, 2017, the Defendant: (a) was a person who violated the provisions of the Road Traffic Act prohibiting the driving of a motor vehicle under the influence of alcohol not less than twice as stated in a criminal record; and (b) was driving a Crane motor vehicle under the influence of alcohol at approximately 0.113% of alcohol concentration in the 1km section from the front of the insular road in the Seo-gu Seoul Metropolitan City, Seo-gu, Daejeon to the front of the insular road in the same Gu, Seo-gu, Seo-gu, Seoul Special Metropolitan City, to the front of the insular road in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, an investigation report (report on the circumstances of the driver of drinking alcohol), and a report on the driving of drinking alcohol

1. Previous convictions indicated in the judgment: A reply to inquiries, such as criminal history, details of inquiry about management of primary reports, and application of Acts and subordinate statutes on investigation reports (verification reports on the same records as the suspect);

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 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include a number of criminal records of the same kind, including a suspended sentence, and the blood alcohol concentration is high, thereby choosing imprisonment.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

Accordingly, the defendant's age, sex, home environment, frequency and frequency of drinking driving, circumstances after the crime, etc. shall be determined in consideration of various circumstances, such as the defendant's age, sex, home environment, and the circumstances after the crime.

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