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(영문) 대전지방법원 서산지원 2020.03.18 2019고단1332

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

On February 15, 2002, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on February 15, 2002. On September 28, 2017, the Defendant issued a summary order of a fine of three hundred and five million won for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court in the Incheon District Court.

On October 15, 2019, the Defendant, while under the influence of alcohol 0.121%, driven a car with C Pestn in the section of about 79 km from the front of a restaurant on the trade name in the city of Jin-si to the front of B in the public road in the public city of Jin-si, despite the fact that the Defendant violated the provision prohibiting driving under the influence of alcohol as above, at around 23:29.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to report criminal records, etc. and investigation reports (report on confirmation of criminal records of the same kind of suspect);

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