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(영문) 대전지방법원 2018.10.11 2018고단2820
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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] The defendant committed a violation of the Road Traffic Act at the Daejeon District Court on April 8, 200, a fine of three million won is imposed on the same court on the same day on December 11, 2006, a fine of three million won due to a violation of the Road Traffic Act (drinking driving), a violation of the Road Traffic Act (drinking driving), a fine of three million won in the same court on January 11, 2007, and a violation of the Road Traffic Act (drinking driving) in the same court on September 12, 2007; one year of suspended sentence for four months; a fine of one million won in the same court on July 2, 2010; a fine of one million won in the same court on the same day on October 29, 2014; and a person who was sentenced to a fine of seven million won in the same court on the same day on the same day as a violation of the Road Traffic Act (drinking driving).

[Criminal facts] On June 26, 2018, the Defendant driven approximately 10 meters, while under the influence of alcohol 0.194% in blood on the front of Daejeon Daejeon-gu, Daejeon-gu, Daejeon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each notification of the results of regulating the driving of alcohol, and a written appraisal of alcohol during blood transfusion;

1. Application of Acts and subordinate statutes to an inquiry letter, such as criminal history, reporting on the results of confirmation of the previous conviction before and after the disposition, and reporting on the investigation (the fact that special rehabilitation has been granted for the past record of the suspension of the execution of the suspect);

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. In light of the fact that five times the past records of punishment for driving under the reason of sentencing under Article 62-2 of the Criminal Code of the community service order are repeated driving of drinking again, and that drinking is very high, the defendant should be punished strictly. However, the fact that the defendant's mistake is recognized and reflects it, and other factors of sentencing indicated in the records, such as the defendant's age, sex, family environment, etc., shall be determined by taking into account all of the factors of sentencing indicated in the records.

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