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(영문) 대전지방법원 2015.09.23 2015고단2714
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal power] On October 13, 2006, the Defendant issued a summary order of a fine of three million won at the Daejeon District Court for a violation of the Road Traffic Act, etc. on November 21, 2006, and on November 21, 2006, the Defendant had the record of having been sentenced to a fine of seven million won for a violation of the Road Traffic Act (refluence of the measurement) at the Daejeon District Court on December 6, 201, as a crime of violation of the Road Traffic Act (refluence of the measurement).

【Criminal Facts】

At around 15:50 on July 29, 2015, the Defendant driven a motor vehicle C with a blood alcohol concentration of about 20km from a 20km section to a purification restaurant located in Geumsan-gun, Geumsan-gun, Geumsan-gun, to a purification restaurant located in Geumsan-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of driver under the influence of alcohol;

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of judgment);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors favorable to the following reasons for sentencing)

1. The sentencing criteria are not set for offenses subject to the sentencing criteria;

2. It is doubtful that there are many criminal records including the criminal records that the defendant has already been punished for the same type of crime (3 times for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (3 times for the violation of the Road Traffic Act), 3 times for the violation of the Road Traffic Act (non-license) and 3 times for the violation of the Special Act on the Settlement of Traffic Accidents (3 times for the violation of the Road Traffic Act).

Furthermore, even in the case of this case, the defendant's blood alcohol concentration is considerably high and the driving distance is also driving.

Considering these circumstances, this situation shall be taken.

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