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(영문) 대전지방법원 천안지원 2019.10.24 2019고단1523
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On November 14, 2008, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Branch of the Daejeon District Court, and on October 14, 2015, upon receiving a summary order of a fine of four million won for the same crime from the above astronomical Support, and on June 16, 2016, the Defendant was sentenced to six months of imprisonment for the obstruction of performance of official duties from the above astronomical Support and completed the execution of the sentence in the Incheon Prison on April 20, 2017.

【Criminal Facts of Crimes】 On June 3, 2019, the Defendant driven a DNA-learning car with 1 km while under the influence of alcohol level of 0.233% from the front of the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si to the front of the Seo-gu, Seocheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, notices of the results of the control of drinking driving, report on the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notice of the completion of correction;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning criminal records and personal confinement status;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; June 25, 2019);

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is to recognize and reflect the error of the defendant, and the defendant again commits the crime of this case even though he had had the record of several times of punishment, including two times of suspended sentence of imprisonment for the same kind of crime, by taking into account the blood alcohol concentration and driving distance of this case, and other defendant's age, character and behavior, environment, motive, means and result of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the argument of this case.

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