(영문) 대전지방법원 서산지원 2020.02.05 2019고단1037

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Reasons

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줄 간격

자간(%)

(영문) 대전지방법원 서산지원 2020.02.05 2019고단1037

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 13, 2015, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court.

In addition, on November 9, 2017, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Control of Narcotics, etc. in the Incheon District Court's Branch Branch on November 9, 2017, and completed the execution of the sentence in the original prison on March 7, 2019.

On September 26, 2019, at around 20:25, the Defendant driven a CF car in the state of alcohol with a blood alcohol concentration of about 0.135% 0.135% from the 2km section of approximately 2km from the Donan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the front road of Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notifications and circumstantial statements of drinking control results;

1. Criminal history records, the previous records and results of verification, the previous records and results of verification, the previous records and results of verification, the summary order, the judgment, and the application of Acts and subordinate statutes of the confinement inquiry;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The punishment as ordered shall be determined by comprehensively taking into account the criminal records of the defendant with the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the degree of the principal offender, the circumstances and distance of the driving, the fact that the defendant is the period of repeated offense, and all the conditions of sentencing including the age, character, conduct and environment of the defendant

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