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(영문) 대전지방법원 공주지원 2018.08.17 2018고단259
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 21, 2008, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) from the Daejeon District Court’s official branch on January 21, 2008, and issued a summary order of KRW 3 million for the same crime in the same court on June 25, 2015.

[Criminal facts] On April 29, 2018, the Defendant driven a C-observer car under the influence of alcohol concentration of about 2 km from the “LG Electronic Services” parking lot located in the Newcomon-dong, Sinju-si to the front day of the treatment apartment apartment zone of about 169-5, Sinju-si, Sinju-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Investigation report (the application of the above dmark);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 light of the fact that an order to provide community service and attend lectures was again committed, even though they had a previous record of driving drinking twice the reasons for sentencing under Article 62-2 of the Criminal Act, a sentence of imprisonment shall be selected.

However, considering the time interval between the past and the instant crime, alcohol concentration during the blood at the time of the crime, there is no record of punishment other than the traffic-related criminal records, and the defendant reflects the defendant, and there is room for the last opening of the sentence, the execution of the sentence shall be suspended at once.

In addition, the defendant's age, sex, environment, occupation, family relationship, etc. and various sentencing conditions shown in the trial process shall be comprehensively considered, and the punishment shall be determined as ordered.

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