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(영문) 대전지방법원 2018.03.22 2018고단77
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2007, the Defendant issued a summary order of a fine of three million won or more due to a violation of road traffic law (drinking driving) at the Daejeon District Court on December 11, 2007, and the same drinking records are four times more.

On November 4, 2017, the Defendant driven around 10 kilometers B SP car at around 22:23 0.23 percent of alcohol content among blood transfusions. On the other hand, the Defendant driven a vehicle with approximately 10 kilometer B SP car at around 10 kilometers from the water village located in Sejong-si, the Myeon-gun, Daejeon-si, the World Cup-dong Nowon-dong, to the monthly road located in the World Cup-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of drivers of drinking alcohol and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history, summary order, and application of the text of the judgment;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Based on the reasons for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the instant trial process, such as Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, the sentence is determined as ordered.

The favorable circumstances: The confession of crimes and reflect shall be made.

The accident did not lead to a large number of accidents.

Unfavorable circumstances: The history of punishment for the same drinking driving has already been four times or more.

In light of the risk of driving the drinking of this case, strict punishment is necessary.

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