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(영문) 대전지방법원 공주지원 2017.12.15 2017고단319
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 3, 2009, the Defendant received a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the public support of the Daejeon District Court, and on May 1, 2013, the same court issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking). On July 17, 2013, the same court issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking).

[2] On September 14, 2017, at around 21:35, the Defendant driven a Ch-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h

As such, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the regulations prohibiting driving under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report (1) (1) (on-site investigation report), notification of the results of regulating drinking driving, a statement of the circumstances of the driver in charge of drinking, an investigation report (report on the situation of the driver in charge), an investigation report and an investigation report;

1. On-site photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment, etc. on the same type of crime), and statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order have a large number of criminal records and caused traffic accidents, and it is inevitable to choose a sentence of 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, sex, family environment, alcohol concentration in blood, frequency and frequency of drinking driving, circumstances after the crime, etc. shall be considered, and it is ordered as ordered.

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