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(영문) 대전지방법원 2020.11.19 2020고단4033

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On July 28, 2006, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Youngju District Court’s Youngdong Branch on November 11, 201, and sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on November 11, 201. On May 11, 201, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on May 11, 2015.

【Criminal Facts】

On August 13, 2020, at around 03:05, the Defendant driven a e-motor vehicle under the influence of alcohol level of about 0.251% from a 100-meter section from the Daejeon Seo-gu B apartment Cdong to the same apartment Ddong road.

As a result, the Defendant was under the influence of alcohol in violation of the prohibition on driving motor vehicles, etc. more than twice.

Summary of Evidence

1. Report on the confirmation of the defendant's legal statement in the case, notification of the result of the influence of alcohol driving, report on the situation of his/her driver, report on internal investigation (investigation of the F president's drinking background), internal investigation report, internal investigation report (investigation of the other party driving circumstances of his/her own CCTV), field photograph of the 112 reported case processing report (investigation of the CCTV images around his/her surroundings), and previous records in the judgment of closure: Application of the summary order (No. 2006 high-level863), the judgment (No. 2011 high-level 2403 of Daejeon District Court Decision 201), the summary order (No. 201 high-level 2403 of Daejeon District Court Decision 2015 high-level 3

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances unfavorable to the defendant: A person who drives under the influence of alcohol at least twice in accordance with the Road Traffic Act;