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(영문) 대전지방법원서산지원 2020.10.14 2020고단754

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 1, 2011, the Defendant received a summary order of KRW 1.5 million from the Seosan Branch of the Daejeon District Court to a fine of KRW 1.5 million, and on August 1, 2018, the same court was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving). On November 2, 2018, the Defendant received a summary order of KRW 8 million from the same court as on November 2, 2018.

On June 19, 2020, at around 18:44, the Defendant driven a car with DbenzS400 at approximately 3 km from the front of Jin-si to the front of Jin-si at Jin-si, from the front of C, while under the influence of alcohol by 0.140%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under