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(영문) 대전지방법원 2017.03.30 2017고단300
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

On July 31, 2007, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law at the Daejeon District Court on July 31, 2007, and on September 29, 2009, sentenced to a fine of three million won due to a violation of road traffic law (driving), etc. at the same court of the same kind four times.

On January 12, 2017, the Defendant driven a C body-man car in the state of alcohol alcohol of about 5 km up to the roads in front of the Republic of Korea, located in 1261, as in the Jung-gu, Daejeon, Daejeon, Daejeon, with approximately 0.184% alcohol concentration in blood.

Accordingly, the defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports, records of crackdowns, circumstantial statements of drivers, and inquiries about the results of crackdowns on drinking;

1. Application of replys to inquiries, such as criminal history, investigation reports (report on attachment to the judgment of the same case) and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime are determined as ordered by considering the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing as stated in the court below.

Unfavorable circumstances: The circumstances favorable to the fact that another person committed the instant crime even though he/she had been punished several times due to drinking driving, which are more favorable to the fact that he/she committed the instant crime: The four times of the same crime, but all of the fines, the records of the final drinking driving crime are more than seven years, and the confessions and reflects.

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