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(영문) 대전지방법원 2020.04.23 2019고단5045

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and four 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

[Criminal Power] On December 13, 2010, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Daejeon District Court.

【Criminal Facts】

On November 8, 2019, the Defendant driven F vehicles at approximately 200 meters from the 200-meter section to the E sales outlet front of the Daejeon Pream Zone, in the state of alcohol of 0.051% of blood alcohol concentration around 21:07.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. Circumstances unfavorable to the defendant: The Road Traffic Act amended on December 24, 2018, and enforced on June 25, 2019, which came into force on two or more occasions, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if the sentence is mitigated).

Defendant is punished for drinking driving in the past four times (2001, 2005, 2007, 2010), and criminal records are punished for drinking driving in the past.

Circumstances favorable to the defendant: The blood alcohol concentration is lower than 0.051%, and the driving distance is shorter than 200 meters.

There shall be no criminal records exceeding fines.

The crime of this case is recognized and reflected.

In addition, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered.