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(영문) 대전지방법원 2018.05.03 2018고단818
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 July 3, 2008, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court on July 3, 2008, and on February 19, 2016, the Defendant was sentenced to a summary order of KRW 4 million due to the same crime in the same court on February 19, 2016, and was sentenced to a summary order of KRW 4 million.

[2] On March 10, 2018, from around 23:00 to around 01:40 of the same month, the Defendant was under the influence of alcohol content of 0.09% from blood, and was driving a vehicle B B Povoon from the Moco apartment parking lot located in the Seogmundong-dong in Seogmundong-gu, Seosan-si to the Sinsan-si Sinsan-si Do, to the underground vehicular road of approximately 100km from the 100km section.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol), ledger of use of the measuring instrument for drinking alcohol, report on case handling, investigation report, and inquiry into the results of crackdown on the driving of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the same kind of power);

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 the crime are determined as ordered by considering the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing as stated in the court below.

D. Unfavorable circumstances: The fact that he/she repeatedly commits the crime of this case even though he/she has the history of punishment for driving under drinking, and repeatedly commits the crime of this case of this case of the same kind, the normal circumstances that are favorable to the short distance of drinking driving: The fact that he/she makes confession

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