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(영문) 대전지방법원 홍성지원 2018.01.31 2017고단873
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 May 18, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Jung-gu District Court, and on October 21, 2010, the Defendant was issued a summary order of KRW 2.5 million for the same crime at the same court. On July 25, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime at the same court.

[2] Although Defendant 1 had been punished twice or more due to drinking driving, Defendant 2 driven C-wing truck under the influence of alcohol content of approximately 0.251% from the 15k section of alcohol to the roads in front of Chungcheongnam-gun, Chungcheongnam-gun, through the road in front of the 15km-gun, on November 19, 2017, at the time from Samsung Hospital located in the Busan-gun budget-invested budget-invested city around 16:18, 2017 to the point of 247, where it was located in the Hanam-gun budget-invested budget-invested.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of traffic accidents, photographs of the scene and accident vehicles, notification of the results of crackdown on drinking driving, circumstantial records of the driver taking charge, response to requests for appraisal, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (the list No. 17 of evidence), summary order, and application of the text of the judgment;

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

1. In full view of the following circumstances under the protection and observation and the reasons for sentencing under Article 62-2 of the Social Service Order Act, and all the conditions of sentencing recorded in the records, such as Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the sentence as ordered shall be determined.

There is a record of being punished several times for the same crime that the crime of this case was committed.

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