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(영문) 대전지방법원 서산지원 2018.02.01 2017고단910
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

1. On June 5, 2017, the Defendant violated the Road Traffic Act (drinking) on June 5, 2017, the Defendant driven Bunst Motor Vehicle under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.243% from the 100-meter section to the hotel parking lot of Korea, from the 30-way GS convenience store in the Jin-si, Jin-si, Jin-si, one of which was about 19:10 on June 5, 2017.

2. On October 5, 2017, the Defendant violated the Road Traffic Act (drinking) at the Seosan Branch of the Daejeon District Court on January 6, 2010, sentenced to a suspended sentence of two years for six months, due to a violation of the Road Traffic Act (drinking). On June 5, 2017, the Defendant was under the influence of driving a vehicle while under the influence of alcohol with 0.243% alcohol level during blood, as stated in Article 44(1) of the Road Traffic Act, and was under the influence of two times or more.

On October 5, 2017, the Defendant driven a c1 ton truck with alcohol level of about 0.264% while under the influence of alcohol level of about 7 km from the section of about 7 km from around the fishing place adjacent to the fishing place in order to 38 kn if the Defendant had the same fluence on the roads adjacent to the fishing place in front of the Joi-si, Maduk-si, Madon, to the roads adjacent to the station in front of the station in front of the gas station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment, etc.);

1. Driving under the influence of alcohol on June 5, 2017 of the relevant law and punishment: The driving under the influence of alcohol on October 5, 2017 of the Road Traffic Act: The driving under the influence of alcohol on October 5, 2017: the choice of imprisonment under Articles 148-2(1)1 and 44(1) of the Road Traffic Act;

1. The Defendant, on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, repeated driving of alcohol despite the fact that he/she was punished for drinking alcohol.

Pronouncement of sentence is inevitable.

Considering the circumstances leading to the driving of the instant case, driving distance, alcohol concentration, etc. revealed in the public trial and the investigation records, the Defendant’s age, sex, environment, circumstances of crimes, means and results, etc. shall be considered.

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