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(영문) 대전지방법원 천안지원 2018.12.21 2018고단2183
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 August 1, 2007, the Defendant was issued a summary order of a fine of 2.5 million won for a crime of violating road traffic laws in the support of the Daejeon District Court on August 1, 2007, and on March 19, 2008, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating road traffic laws in the same court on March 19, 2008, and was sentenced to a suspended sentence of 2 or more times for a crime of violating road traffic laws.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice as seen above, the Defendant driven a B B-L car under the influence of alcohol content of 0.192% during blood, from August 16, 2018 to August 26, 2018, from around 00:57, to around 500 meters in the south-gu Haan-gu Haan-ro, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture is a very dangerous crime that may cause the occurrence of traffic accidents by raising the possibility of traffic accidents, and thus, in order to prevent this, the defendant is bound to bear strict responsibility for the act related thereto. The defendant also committed the crime of this case when he was punished several times, including the records stated in the judgment of driving under drinking, even though he had the record of punishment. Meanwhile, the defendant led to the crime of this case, and there is no criminal record against the defendant since 2008.

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