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(영문) 대전지방법원 2019.08.29 2019고단1563

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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 June 21, 2006, the Defendant was punished for a large number of drinking and without a license by receiving a fine of one million won for a violation of the Road Traffic Act (driving) and a fine of three million won for a violation of the Road Traffic Act (driving without a license) on April 14, 2016, and the Road Traffic Act (driving without a license).

On January 27, 2019, at around 22:45, the Defendant operated F vehicle under the influence of alcohol content of 0.085%, without a vehicle driver’s license, from the street in the front of Daejeon Seo-gu B to the street in front of the E-ju store in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to the crime that may cause serious damage to the life, body, and property of another person.

The blood alcohol concentration at the time of drunk driving is relatively high.

After the license is revoked, the defendant repeats without a license for a long time without a license.

Even though a number of criminal records have been sentenced to a fine due to drinking driving and driving without a license and has been sentenced to a suspended sentence of imprisonment on one occasion, the crime of this case has been committed again.

However, there is no way for the defendant to walk.

The defendant recognizes his wrong and reflects his wrong.

The above circumstances and the defendant's age, character and conduct, family relationship, and motive of crime.