(영문) 대전지방법원 2018.06.27 2018고단1257

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.06.27 2018고단1257

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

The defendant on August 13, 2012 and the same year

9. On December 27, 2012, a person who driven a motor vehicle under the influence of alcohol on two occasions and was sentenced to a suspended sentence of two years for eight months in prison due to a violation of Road Traffic Act at the Daejeon District Court.

On April 2, 2018, at around 00:04, the Defendant driven B K7 car under the influence of alcohol with approximately 0.204% alcohol concentration in blood from the section of approximately 1km to the front road of the Dong-gu Police Station in the Dong-dong, Jung-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (reports on previous convictions and results of confirmation of such previous convictions);

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, the selection of imprisonment, and the selection of a sentence;

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

1. In light of the fact that there is a history of sentencing two times of sentencing under Article 62-2 of the Criminal Act, such as the provision of community service order and the provision of an order to attend a lecture, repeated driving of drinking, and the fact that drinking is considerably high, there is room for the strict punishment of the Defendant, but it is against the fact that the Defendant is recognized of mistake and that it is against the fact that the Defendant’s age, sexual behavior, family environment, etc. are all included in the records, the sentence as per the disposition shall

참조조문

-형법 제62조 제1항

-형법 제62조의2

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