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(영문) 대전지방법원 공주지원 2016.06.10 2016고단47
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 March 2, 2009, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating road traffic law in the public support of the Daejeon District Court on April 12, 2010, and was sentenced to a fine of KRW 5 million for the same crime in the same court on April 12, 2010, and was sentenced to a fine of KRW 5 million for the same crime in the same court on September 16, 201.

[Criminal facts] On February 9, 2016, the Defendant driven a DKaren car in the state of alcohol at approximately 0.213% alcohol concentration in blood at approximately 200 meters from the front line of the Newdong Sing club to the same e-mail of the same e-mail at the time of official city around 22:50 on February 9, 2016.

Accordingly, the Defendant, who violated the provision of “the prohibition of driving under the influence of alcohol not less than twice” and driven a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a statement in the circumstances of the driver of drinking alcohol, and a statement of control details;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, written judgments, and written investigation reports (verification of the same type of force);

1. Article 148-2 of the Criminal Act applicable to the facts constituting an offense and Articles 148-2 and 44-2 (1) 1 and 44 of the Criminal Act that choose a penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the Defendant is punished by drinking alcohol on several occasions, and it is inevitable to choose a sentence of imprisonment because he/she committed the instant crime.

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

In this context, the defendant's age, sex, family environment, background of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.

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