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(영문) 대전지방법원논산지원 2020.11.17 2020고단449

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 August 11, 2020, the defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) in the Daejeon District Court's Cheongsan Branch on August 11, 2020, and is currently pending in the appellate trial.

On June 12, 2020, at around 04:16, the Defendant driven a Fsch Rexton car in the state of alcohol with approximately 200 meters alcohol concentration of approximately 0.059% from the front of the C B B B B B B, to the Eve point front of the Eve point in the same city D.

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

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. Application of Acts and subordinate statutes to a criminal investigation report (in cases of a trial in the appellate court, attachment of judgment of the first instance court and records of drinking driving), such as criminal records of the statement of the circumstances of a drinking driver;

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 reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant repeated his/her drinking driving in a short period, even though it was controlled by drinking driving on May 2020.

Considering the distance of drinking driving, the degree of the master of the defendant, etc., the sentencing factors shown in the arguments of this case, such as the age, character and conduct, criminal records, environment, circumstances after the crime, etc., shall be determined as the order.