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(영문) 대전지방법원 공주지원 2018.12.21 2018고단424
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On August 14, 2008, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving) in the public order of Daejeon District Court on August 14, 2008. On December 11, 2013, the same court issued a summary order of KRW 3.5 million for a violation of road traffic law (drinking driving).

[2] On October 6, 2018, around 18:10, the Defendant driven a DNA car under the influence of alcohol leveling 0.151% of the blood alcohol level from around 400 meters to around C at around 400 meters from the Hasp farm road of Defendant Inju City, Inc.

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. A traffic accident report, an investigation report on actual condition and a statement on the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding criminal facts; Article 148-2(1) of the Act on the Selection of Punishment for the Punishment of Imprisonment with Labor significantly high alcohol concentration at the time of committing the crime; and the Defendant is highly likely to be subject to criticism by causing an accident that falls under the vehicle below the vehicle below the vehicle below the vehicle.

The defendant has already been convicted of driving three times of drinking.

The defendant was sentenced to a fine for all of them, but driving under the influence of alcohol again, and the degree of alcohol level was very high at the time of the previous crime.

Although there are circumstances such as the fact that the defendant's mistake is against himself and the driving distance is not long, it is not reasonable to impose the defendant a fine or a suspended sentence of imprisonment.

Therefore, the defendant is sentenced to imprisonment with prison labor, and the degree of alcohol, driving distance, and other defendant's age, occupation and occupation at the time of crime.

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