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(영문) 대전지방법원 공주지원 2015.10.30 2015고단281
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【Criminal Power】 On August 9, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on August 9, 2007, and on September 18, 2008, the same court was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving). On April 29, 2010, the same court was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (Driving without a license) and the same court was sentenced to a fine of KRW 2.5 million for the same crime at the same court on June 17, 2010.

【Criminal Facts of Crimes】 around 00:10 on July 24, 2015, the Defendant driven B cargo while under the influence of alcohol content of about 0.146% from the 1km section of approximately 1km to approximately 150 meters prior to the Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, the trade name in the Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the Cheongsan

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

1. A criminal investigation report;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Act on Probation, etc. have the record of criminal punishment for violations of the Road Traffic Act, etc. over several occasions as stated in the judgment of the court below.

Nevertheless, the Defendant had been driving in a boomed state, and has caused a traffic accident in the process.

Therefore, it is inevitable to select the imprisonment for the defendant.

The above circumstances and the defendant.

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