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(영문) 대전지방법원 2018.01.24 2017고단4447
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

On November 17, 2006, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act (drinking driving), etc. at the Daejeon District Court, and on August 29, 201, the Defendant was issued a summary order of one million won as a crime of violating the Road Traffic Act (drinking driving) by the same court.

On October 22, 2017, the Defendant driven CM7 car from around 1km to the roads in front of the Sinwon-si, Sejong-si, Seoul Special Self-Governing Province, while under the influence of alcohol content of 0.170% during blood transfusion around 19:55, and driving CM7 car from around 1km to the roads in front of the same Eup/Myeonn-ri University.

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. Statement made by the police against D;

1. Reports on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (the same type of criminal records and confirmation);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that five times the criminal records of drinking alcohol driving including the force of probation, the traffic accident occurs while driving alcohol, the circumstances that are considerably favorable to the drinking volume: confession and reflects: The decision of a sentence that has been rendered before about six years prior to the final record of the crime of driving alcohol: The defendant's age, sexual behavior, environment, motive, means and consequence of the crime, various conditions of sentencing specified in the arguments of this case, such as the situation different from the above circumstances, shall be considered.

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