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(영문) 대전지방법원 2017.07.19 2016고단3450
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 22, 2009, the defendant of "2016 Highest 3450" was sentenced to two years of imprisonment with prison labor for a violation of road traffic law at the Daejeon District Court on January 22, 2009, and on April 29, 2014, he/she was sentenced to two years of imprisonment with prison labor for the same crime in the same court.

On August 29, 2016, the Defendant driven CM5 vehicle volume at 0.234% of alcohol content during blood transfusion at around 03:35, while driving at around 0.234% of alcohol content, and continued approximately 2 km distance from the front side of the Daejeon Jung-gu, Daejeon-gu, Daejeon-dong, Daejeon to the front side of the restaurant.

On January 22, 2009, the defendant of "2017 Highest 2086" was sentenced to a suspended sentence of 4 months for a crime of violation of road traffic law by the Daejeon District Court on January 22, 2009, and was sentenced to a suspended sentence of 2 years for the same crime on April 29, 2014.

On October 23, 2016, the Defendant was under the influence of alcohol level of 0.189% during blood transfusion around 02:41, the Defendant driven CM5 vehicle owned CM5 vehicle from the 215 Seo-gu, Daejeon-gu, Daejeon-gu, to the west SM5 square tower.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving under the influence of alcohol again.

Summary of Evidence

"2016 Highest 3450"

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. References to inquiries, such as criminal history, "2017 Highest 2086";

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. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The fact that a person has been punished for suspension of execution three times for the same kind of crime as the sentencing reason in the former part of Article 37, Article 38(1)2, and Article 50 of the Aggravation of Concurrent Crimes, and the fact that he/she again conducted drinking on October 23, 2016 even though he/she was under control by himself/herself on August 29, 2016;

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