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(영문) 대전지방법원 공주지원 2018.10.05 2018고단354
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 4, 2018, around 16:25, the Defendant driven a ice car in the state of alcohol concentration of about 0.162% from the 2km section of the blood alcohol level to the missionary road in the same city, which is located in the 337 km of the Cheongdo-ri, Cheongdo-ri, Cheongdo-ri, the Cheongdo-ri, Cheongdo-ri, Cheongdo-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. The defendant has a criminal record of drinking three times prior to driving under the relevant law, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, the reason for sentencing of a sentence of imprisonment with prison labor, and the defendant has a criminal record of driving under three times.

Although the Defendant was subject to a fine or a suspended sentence of imprisonment with labor, he/she again driven alcohol, and the blood alcohol concentration at the time of the instant crime is considerably high.

It is not reasonable to impose a fine again or a suspended sentence of imprisonment, in consideration of the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and the considerable time has elapsed from the past crime to the crime of this case, etc., but it is not reasonable to impose a fine again or a suspended sentence of imprisonment.

Therefore, the sentence of imprisonment with prison labor shall be imposed on the accused, and the sentence shall be determined as ordered by comprehensively considering the favorable circumstances of the accused as seen earlier, the age, occupation, sex, family relationship, and various sentencing conditions as shown in the trial process, such as the records and circumstances before and after the crime.

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