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(영문) 대전지방법원 2021.03.18 2020고단5531

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

Criminal facts

In the support of the Daejeon District Court on June 7, 201, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act, and the summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daejeon District Court on April 12, 2017.

On November 21, 2020, the Defendant driven B rocketing car from around 2 km to the front road of the Jindong-gu, Daejeon Children Park, which is located in the same Gu, with alcohol level of 0.122% among the blood transfusion around 23:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is a serious crime that causes serious danger and injury to the life, body, property, etc. of a person, and thus, the criminal defendant who committed the crime should be held liable with strict legal responsibility corresponding to the act. The criminal defendant has the record of being punished twice due to drinking, and has the record of being punished once due to driving without a license, and the criminal defendant has a high alcohol level at the time of the crime of this case.

However, the defendant has no record of being sentenced to imprisonment until now, and the defendant's age, sex, environment, motive, means and results of the crime, and all the circumstances shown in the records and arguments of this case, such as the circumstances after the crime, shall be determined by the order, comprehensively taking into account.