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(영문) 대전지방법원 논산지원 2018.04.06 2017고단749
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On April 24, 2009, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law at the Daejeon District Court on April 24, 2009, and was sentenced to eight months of imprisonment for a violation of road traffic law at the Daejeon District Court on January 18, 2013.

On November 28, 2017, the Defendant driven B cargo under the influence of alcohol content of about 0.086% in blood, from approximately 5km section from the 5km section to the road front of the water intake station of the same military as the Dominium in the Dominium of the same military, as one of the roads of the 15:08 Sink-si, the Sink-si, the Sink-si, the Defendant, at around 15:08.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation 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 (Confession and reflect) of the Criminal Act for mitigation of amount of punishment is that the defendant was punished for the same crime on several occasions (one time of punishment, two times of suspended sentence of imprisonment, and two times of suspended sentence). Thus, it is necessary to strictly punish the defendant since he/she again committed the instant crime.

However, all of the crimes of this case are recognized by the defendant, and the amount of alcohol concentration in the blood of this case, the age, health condition, etc. of the defendant shall be determined as the sentence.

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