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(영문) 대전지방법원 2017.08.10 2017고단2159
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 20, 2007, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating road traffic laws (drinking driving), on June 19, 2009, the Daejeon District Court issued a summary order of KRW 5 million for a crime of violating road traffic laws (drinking driving), respectively, on June 5, 2013, and on June 5, 2013, the Daejeon District Court issued a summary order of KRW 5 million for a crime of violating road traffic laws (drinking driving), and violated the provision on prohibition of drinking at least twice.

[2] On May 27, 2017, the Defendant: (a) driven a C Poter in the state of alcohol alcohol 0.193% while under the influence of alcohol from a section of approximately 3 km away from May 27, 2017 to a road near the Taedong-dong of Daejeon, Seo-gu, Daejeon to the National Science and Technology University located in Seo-gu 100, Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is that the Defendant, who led to the confession of the instant crime, and the prevention of recurrence, is against the Defendant.

However, in consideration of the fact that the Defendant had been punished several times, including a suspended sentence due to drinking driving, and again commits the instant crime, it seems that there seems to be insufficient awareness of the crime about drinking, such as committing the instant crime, and that the level of drinking at the time of the instant case is very high and the distance of drinking driving is considerably high, the Defendant needs to be subject to corresponding punishment.

In addition, the sentencing conditions shown in the argument of this case, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime.

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