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(영문) 대전지방법원 홍성지원 2018.08.28 2018고단488
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 1, 2012, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Incheon District Court on August 1, 201, and a summary order of KRW 1.5 million for the same crime at the same court on April 21, 2014.

[2] Although Defendant 1 had been punished for drinking more than twice as above, Defendant 2 driven a B-hurged car at around 10:00 on June 26, 2018, under the influence of alcohol content of approximately 0.114% during blood alcohol level at approximately 3 km from the 3km away from the side, as long as he/she is in the east-gu dong-ro dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime.

D. Unfavorable circumstances: The history of punishment for driving under the influence of alcohol is likely to be criticized for committing a second time (2012 and 2014) but is highly likely to cause a second offense, and the risk of recidivism is high; although the night drinking prior to the crackdown was a matter that was conducted at night, it is favorable to the fact that the blood alcohol concentration is high: A confession and reflect; the above fact that there was no record of punishment other than that of fine due to driving under the influence of alcohol twice, and that no longer is driving under the influence of alcohol.

that the vehicle appears to have been scrapped.

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