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(영문) 대전지방법원 천안지원 2018.05.11 2018고단248
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2007, the defendant was sentenced to a summary order of a fine of three million won due to a violation of road traffic law (driving), and on the same support on December 10, 2008, the defendant was sentenced to imprisonment for a violation of road traffic law (driving of alcohol) on at least two occasions and was sentenced to punishment for a violation of road traffic law (driving of alcohol) on at least two occasions.

On January 31, 2018, the Defendant driven three cargo vehicles with approximately KRW 500 meters alcohol concentration of 0.269% in blood, from the fluenite site in Bluan-dong, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu to the low-priced level in Bluan-dong in Yanan-gu, Seoan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a traffic report, a report on the detection of the driver at the main place, a written statement of the situation of the main place of business, and a report on the detection of the driver at the main place of business;

1. 감정결과 횝고서

1. On-site and photographs damaged vehicles;

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, inquiry into the screen of the main record, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment, etc.);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a record of criminal punishment for traffic crimes, including drinking, and among them, he/she has a record of having been sentenced to imprisonment.

The Defendant was driving a motor vehicle with a very high alcohol concentration in blood.

Although the victim did not occur rapidly, a large scale of traffic accident has occurred.

However, the defendant is against his or her will to recognize his or her mistake.

The defendant has no record of criminal punishment or a fine heavier than that of a traffic-related crime after 209.

These circumstances are included.

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