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(영문) 대전지방법원 논산지원 2015.12.04 2015고단667
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 2,00,000 on November 21, 2008 as a crime of violation of the Road Traffic Act in the Daejeon District Court's subdivision support, and was sentenced to a suspended sentence of KRW 2,00,000 on February 13, 2013, and was sentenced to a suspended sentence of two years on February 13, 2013, and was sentenced to a suspended sentence of seven months on April 16, 2014, and completed the execution of the sentence on December 24, 2014.

At around 04:00 on September 16, 2015, the Defendant driven Cran-do car at about 100 meters from the front of the CU convenience store located in 12-1, 194-ro, 194, U.S., citizens, from the front of the CU convenience store at 04, U.S., 194, U.S., to the 194-22, U.S., 194, U.S., 200, while under the influence of alcohol concentration of about 0.216%.

Accordingly, the defendant, who committed a violation of the Road Traffic Act (driving) not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements prepared by D or E;

1. Investigation reports (Attachment to 112 Report List) prepared by the police, and investigation reports;

1. Photographs explanation, notification of the results of crackdown on drinking driving, and report on the circumstantial statement of the driver involved in drinking;

1. Investigation report prepared by the police (the numerical value of the musical content measurement);

1. Previous records: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports prepared by police officials in charge of the prosecution (Binding records, such as copies of written judgments on the same kind of force before

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

2. The Defendant, with the reason for sentencing Article 35 of the Criminal Act among repeated crimes, has been sentenced to criminal punishment due to drinking driving, etc. several times, and the Defendant has been sentenced to punishment due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-exclusive license). However, the Defendant, with the completion of the execution of the sentence, has a high risk of re-offending, such as driving under the influence of alcohol during the period of repeated crimes. Therefore, it is inevitable

However, the defendant.

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