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(영문) 대전지방법원 서산지원 2018.07.18 2018고단211
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 30, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic law in the Seosan Branch of the Daejeon District Court on June 201, and on December 22, 2017, the Defendant was sentenced to a fine of six million won in the same court as the same crime, and the Defendant was sentenced to five times the same criminal records.

On January 3, 2018, around 17:46, the Defendant driven a car to be driven in the state of alcohol concentration of about 0.244% from a 50-meter section of blood alcohol level to around 11th, Seocheon-dong, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, 11-ro, Seocheon-si, Seocheon-si, Seocheon-do, to the front road of the public apartment for 11th, Seocheon-si, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, the ledger of measuring instruments for drinking, and the statement of the situation of the driver of drinking;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount are as follows: (a) the Defendant repeats the same type of crime despite several punishments; (b) the Defendant was subject to suspended execution with the same military force; and (c) the Defendant was punished with a fine for driving under the influence of alcohol; and (d) the Defendant committed this case by taking into account the Defendant’s age and sexual behavior and other conditions of sentencing.

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