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(영문) 대전지방법원 2020.09.09 2020고단1965

도로교통법위반(음주운전)

Text

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

【Criminal Power】 On January 25, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Daejeon District Court.

【Criminal Facts】 On April 20, 2020, at around 22:17, the Defendant driven a DSS5 vehicle under the influence of alcohol with approximately 15km alcohol concentration 0.071% at the section of about 15km from around the restaurant in the Daejeon Seo-gu B to the front of the restaurant in the Daejeon Seo-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act 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. Division: Application of the Act and subordinate statutes to inquiry reports and investigation reports (verification of the same kind of power);

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. Although there are a large number of reasons for sentencing under Article 62-2 of the Criminal Act, the most recent years of drinking driving is about 12 years, the most recent years of drinking is against the law, drinking alcohol, driving distance, the age, character and conduct, and environment of the defendant, the punishment as ordered by considering the various factors for sentencing under Article 51 of the Criminal Act as stated in the records of this case shall be determined.