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(영문) 대전지방법원 천안지원 2018.07.05 2017고단1406
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 8, 2007, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act in the Daejeon District Court's Support, and on December 20, 2007, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act (drinking) in the same court on August 22, 2008. On August 4, 2014, the Defendant was sentenced to a summary order of five million won for a crime of violating the Road Traffic Act (drinking), and on January 29, 2015, the Defendant completed the execution of the sentence by a prison on July 30, 2015.

[Criminal facts] On May 30, 2017, the Defendant driven Bbents with approximately 0.070% alcohol level in the section of approximately 1.2km from May 30, 2017 to the 113-13rd of the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, the south-gu, Seocheon-gu, the network direction of the 113rd to the 3-13rd of the Sung-gu, Seo-gu, Seo-gu, Seo-gu.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the summary order and attachment of the judgment) and each summary order attached thereto, text of judgment, and applicable Acts and subordinate statutes to the personal confinement status;

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. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that there has been a record of being punished as a crime of drinking alcohol driving over several times, and in particular, repeated crimes of this case are committed even though they are under the period of repeated crimes due to the same kind of crime, and the court from the date of sentence without justifiable grounds.

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