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(영문) 대전지방법원 2017.11.23 2017고단2335
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On May 20, 2009, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law at the Daejeon District Court on June 2009, and on January 28, 2013, the Defendant was sentenced to a fine of three million won for a violation of road traffic law in the Daejeon District Court's support on January 28, 2013.

On June 11, 2017, the Defendant driven BM7 car under the influence of alcohol content of 0.5 km in front of the monthly commercial store in Seo-gu, Seo-gu, Seo-gu, in front of a restaurant where the trade name in the Seo-gu, Seo-gu, Daejeon is unknown.

Accordingly, the defendant was a person who violated two times or more due to drinking, and was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Inquiries about the results of crackdown on driving alcohol;

1. Notification of the results of regulating drinking driving;

1. The circumstantial statement report;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to the said judgment attached thereto);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 53 of the Act on the Reduction and Exemption of Quantity, etc. is favorable to the defendant, in light of the circumstances favorable to the defendant, 4 times a fine for the same kind of crime (driving) as indicated in the judgment of the defendant, 2 times a suspended sentence of execution (2004, 2009), and 2 times a previous offense (2009), which again commits the crime of this case without being aware of the previous offense. The current Road Traffic Act stipulates that a person who has violated the provision prohibiting driving of drinking shall be punished more strictly, and the defendant is judged to have high risk of recidivism due to the interference with driving of drinking, and there is a need to seriously punish the defendant and raise awareness about the law of driving of drinking.

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