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(영문) 대전지방법원 천안지원 2018.01.18 2017고단2473
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

In the support of the Southern District Court on April 2, 2010, the Defendant was sentenced to a fine of three million won due to a violation of road traffic laws (drinking driving) in the support of the Southern District Court on April 2, 2010, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment with prison labor for a violation of road traffic laws (drinking driving) in the support of the Southern District Court on April 20, 2010 and two years of a suspended sentence of two years, and on December 5, 2012 in the support of the Daejeon District Court on the Incheon District Court on December 5, 2012.

Nevertheless, on October 19, 2017, the Defendant driven BM5 car at the 1km section from the front of the convenience shop where it is difficult to find out the trade name in the north-west-gu, Seoan-gu, Seoan-si while under the influence of alcohol level of 0.193% among the blood transfusions on October 17:35, 2017 to the front road of the “Gahee Beauty Beauty” located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions: A reply to inquiries, such as criminal history, reports on criminal investigations, and application of respective statutes attached to such judgments;

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. The crime of this case has already been punished several times due to the violation of the Road Traffic Act, including the suspension of execution twice the reasons for the sentencing of Article 62-2 of the Criminal Act, and again, the crime of this case has been committed, and the alcohol concentration in blood is 0.193%. However, the defendant's mistake is against the defendant's wrong recognition, and the defendant's age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime shall be determined as the sentence of this case by taking full account of various sentencing conditions such as the defendant's age, sex, family relation, motive and means of the crime.

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