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(영문) 대전지방법원 2017.07.19 2017고단552
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 29, 2009, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act, and was sentenced to a summary order of 2,50,000 won for a crime of violating the Road Traffic Act at the Daejeon District Court on June 27, 201, and was sentenced to a suspended sentence of 1 year for a crime of violating the Road Traffic Act at the Daejeon District Court on July 1, 201.

On January 6, 2017, the Defendant driven a CSpo-ro car with alcohol content of 0.185% at around 01:00, while under the influence of alcohol, and operated approximately KRW 1.5 km from the apartment parking lot to the new bank front of the Seo-gu, Seo-gu, Daejeon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The application of the Act and subordinate statutes to the inquiry report, the investigation report (Evidence List No. 19);

1. The crime of this case is committed before and during the suspension period of execution due to the same kind of crime, in consideration of the pertinent legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding criminal facts and the selective punishment, and the fact that the person committed the crime of this case during the suspension period of execution due to the same kind of crime, the blood alcohol concentration at the time of the instant case was considerably high, and the fact that the person causes a traffic accident while driving a vehicle while driving the vehicle while being under the influence of the main sentence is inevitable.

However, considering the favorable circumstances, such as the fact that the defendant repents and reflects the wrong and the fact that the defendant does not repeat the crime by selling the vehicle, etc., the punishment as ordered shall be determined in consideration of the age, sex, environment, etc. of the defendant, and other various sentencing conditions shown in the arguments in this case, such as the age, sex, and environment.

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