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(영문) 대전지방법원 공주지원 2019.07.16 2019고단179
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On February 17, 2014, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on February 17, 2014, and on September 12, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (driving) in the Daejeon District Court Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On May 7, 2019, at around 04:40, the Defendant driven D 3 automobiles while under the influence of alcohol content of about 0.203% in a section of about 5km from the front of a public bus terminal, which is 74, a new line, to the front of a public bus station, located on the roads B, to the roads of a public bus station, located on the roads B.

Accordingly, the Defendant, who violated the duty of prohibition on 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. Defendant's legal statement;

1. Control note;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 148-2(1) of the Act on the Selection of Criminal Crimes and Article 148-2(1) of the same Act (amended by Act No. 16037, Dec. 24, 201); the Defendant had two identical criminal records, thereby, was sentenced to a suspended sentence of imprisonment, but

The blood alcohol concentration at the time of crime is extremely high.

In other words, even if the defendant is placed, the corresponding edification or vision cannot be expected.

The sentence of imprisonment shall be imposed, and the sentence shall be determined as ordered in comprehensive consideration of the aforementioned circumstances, the defendant's age, character and conduct, environment, family relationship, and various conditions of sentencing as shown in the trial process.

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