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(영문) 대전지방법원 2021.01.14 2020고단4573

도로교통법위반(음주운전)

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 12, 2009, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with labor for a violation of road traffic law (dacting driving) at the Daejeon High Court.

[Criminal facts] On October 1, 2020, the Defendant driven the E-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-C-Wed

As a result, the Defendant was under the influence of alcohol in violation of the prohibition on driving motor vehicles, etc. more than twice.

Summary of Evidence

1. Before the defendant's legal notice of his/her result of regulating driving of drinking alcohol, previous conviction in the written report on the circumstances of the driver involved: The application of the statutes to inquire about his/her criminal history, etc.;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for 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 punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances disadvantageous to the defendant: The Road Traffic Act provides that a person who drives a vehicle under drinking on at least two occasions shall be punished by imprisonment with prison labor for not less than two years but not more than five years (the person shall be punished by imprisonment with prison labor for not less than one year but not more than two years, even if the person is mitigated);

The defendant, like the record of the crime, has been punished by a suspended sentence of imprisonment due to drinking driving, etc. one time and one time the record of the punishment of a fine due to drinking driving.

The circumstances favorable to the defendant: The same criminal records are ten years, and the criminal records in the ruling seem to be the sentence that reflects the injury caused by the obstruction of the execution of special duties and the preparation of the existing structure and the prevention of fire rather than the driving of drinking.