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(영문) 대전지방법원 2020.09.24 2020고단2445

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On April 29, 2009, the Defendant was sentenced to a suspended sentence of one year in the Daejeon District Court for a violation of the Road Traffic Act, etc., and was sentenced to a suspended sentence of one year in the same court on June 13, 2013.

On May 15, 2020, at around 05:41, the Defendant driven a car from the front road in Daejeon Seo-gu B to the front road in the same Gu, with a blood alcohol concentration of about 0.141% under the influence of alcohol, from around 1km to the front road in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions: The application of a written inquiry, written judgment (Saegi 2013Ma1027, Daejeon District Court Decision 2013Ma1027, Daejeon District Court Decision 2009MaMa851, Daejeon District Court Decision 2009MaMa851, Disposition

1. At the time of the instant crime, the Defendant’s blood alcohol content was 0.141% at the time of the instant crime with the reason for sentencing under Article 148-2(1) and Article 44(1) of the Road Traffic Act regarding criminal facts and Article 53 and Article 55(1)3 of the Criminal Act regarding discretionary mitigation of imprisonment with labor, and the Defendant was in a highly advanced state due to inaccurate and inaccurateness at the time of the control.

The defendant stopped a vehicle in the traffic signal at the intersection, was set off due to drinking, and was controlled by a police officer who was dispatched after receiving a report (after the control, the defendant was under patrol to make a patrol vehicle due to a mistake in the balk operation), and the defendant interfered with the passage of vehicles passing through the intersection and increased the risk of traffic accidents.

In full view of these points, the illegality of the crime of this case is serious.

In particular, in the past, the defendant has been punished four times due to drinking driving, and the criminal records of imprisonment are two times as stated in its reasoning, and the defendant was injured by driving a motor vehicle while driving the motor vehicle.