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(영문) 대전지방법원 공주지원 2017.02.17 2016고단406
도로교통법위반(음주운전)
Text

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

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 July 17, 2008, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the official branch of the Daejeon District Court around July 17, 2008, and on August 4, 201, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) except for a case where a summary order of KRW 2 million was issued for the same crime in the official branch of the Daejeon District Court around August 4, 201, and was punished for a crime of violating the Road Traffic Act (drinking driving).

[2] On November 24, 2016, the Defendant driven B rocketing car under the influence of alcohol content of about 0.086% from the 1km section to the 1km road in front of the CU convenience shop in the same city at the same time from the CU convenience shop in the CU convenience shop in the amount of 00:20 on November 24, 2016.

Accordingly, the defendant is driving a motor vehicle under the influence of alcohol as a person who has violated two times the provision prohibiting driving under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, has a large number of criminal records before driving alcohol, choose imprisonment.

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, sexual behavior, alcohol concentration during blood, frequency and frequency of driving alcohol, circumstances after the crime, etc. are considered and judged as ordered.

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