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(영문) 대전지방법원 공주지원 2018.02.09 2017고단412
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

[criminal history] On March 19, 2004, the Defendant received a summary order of KRW 1 million as a fine for a violation of road traffic law (drinking driving), KRW 2 million as a fine for a violation of road traffic law (drinking driving) in the official support of the Daejeon District Court on May 28, 2008, and KRW 3 million as a fine for a violation of road traffic law (drinking driving) from the Daejeon District Court on January 29, 2015 at the official support of the Daejeon District Court on January 29, 2015.

[Criminal facts] On November 23, 2017, the Defendant driven DNA-low-income cars at the parking lot for “C” located in “C” located in “A” city located in “A” as of November 23, 2017, with a alcohol level of 0.116% during blood.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, report on the circumstances of the driving of drinking drivers, investigation report (report on the circumstances of the driving of drinking drivers), and details of regulating

1. On-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, inquiry about the results of crackdown on drinking driving, and application of Acts and subordinate statutes to investigation reports (three times the same species of force);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, choose a sentence of imprisonment with prison labor on the grounds of multiple criminal records.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

In this context, the Defendant’s age, sex, home environment, frequency and frequency of drinking driving, alcohol concentration in blood, details of the crime, circumstances after the crime, etc. shall be determined in consideration of various circumstances such as the Defendant’s age, sex, home environment, and the frequency and frequency of drinking.

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