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(영문) 대전지방법원 2018.12.27 2018고단4022
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 April 28, 2009, the Defendant received a summary order of KRW 700,000,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act (driving). On May 3, 2010, the same court issued a summary order of KRW 2.5 million for the same crime; and on March 14, 2016, the same court issued a summary order of KRW 5 million for the same crime.

[2] On September 29, 2018, around 13:00 on September 29, 2018, the Defendant driven a CSpo-type car in the state of alcohol alcohol 0.113% in a section of about 500 meters from the 500-meter radius to the entrance distance at the Cheongdong-dong-dong-dong-dong Cheongdong-dong-dong-dong-dong Cheongdong-dong-dong Cheongdong-dong-dong, Nowon-gu, Seoul Special Metropolitan City.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on the results of regulating drinking driving, an inquiry into the results of crackdown on drinking driving, a report on the circumstances of the driver who takes driving, and an investigation report (report on the circumstances of the driver who takes driving);

1. Previous convictions: Inquiry of criminal records into criminal records, reporting of the past convictions of each disposition, and application of each summary order Acts and subordinate statutes;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after crimes, shall be determined as ordered by considering the observation of protection and the order of community service, the order of education, the reasons for sentencing under Article 62-2 of the Criminal Act, and other conditions of sentencing as stated in the records.

Unfavorable circumstances: The fact that a person repeatedly commits the crime of this case even though he has the history of punishment due to drinking driving, and the fact that he has repeatedly committed the crime of this case, that he is against the principle of confession, that he has no record of criminal punishment above the fine.

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