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(영문) 대전지방법원 2021.03.18 2020고단5232

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant was sentenced to a fine of 4 million won on August 8, 2008 by the Daejeon District Court due to a violation of road traffic laws (drinking driving) in the Daejeon District Court on August 8, 2008, and the same criminal records are four times more.

On September 29, 2020, the Defendant driven D 2 truck at approximately 100 meters away from D 100 meters away from the middle-gu roads in Daejeon, Jung-gu, Daejeon, while under the influence of alcohol content of around 08:25 on Sep. 29, 202, at around 0.047%.

Summary of Evidence

1. Application of Acts and subordinate statutes to a criminal defendant's legal statement, the investigation report on the actual traffic accident, the report on the detection of the driver of the main driver, the report on the accident scene photographs of the driver of the main driver, response to inquiry, such as suspect drinking photographs and criminal records, and a criminal report (a criminal suspect A's previous

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;

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 unfavorable 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 has been punished four times by a fine due to drinking driving or one time a suspended sentence of imprisonment, as stated in the judgment of the court.

Circumstances favorable to the defendant: Until the day immediately preceding the instant case, the drinking was driven because the drinking alcohol has not been resolved until the invasion, and the blood alcohol concentration is not high.

There are many same power units, but all of them have passed 10 years before 2008.

The crime of this case is recognized and reflected.

In addition, the age, sex, environment, motive, means and result of the crime of the defendant;