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(영문) 대전지방법원논산지원 2020.11.17 2020고단447

도로교통법위반(음주운전)

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Defendant shall be punished by imprisonment for a term of one year and two 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

On August 12, 2019, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch.

On August 12, 2020, at around 00:0, the Defendant driven D car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.187% from the C parking lot located in Chungcheongnam-gun, Chungcheongnam-gun, to the front road of the irrigation road located in the same Eup.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a summary order, such as a survey report on actual condition of a driver and a photograph, a report on his/her circumstantial statement, criminal records, notification of the results of drinking driving control;

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 is that the Defendant was punished by a fine on August 2019 due to drunk driving, and that the Defendant was under the influence of drinking, and that the Defendant was under the influence of drinking for only one year.

At the time of drunk driving, the blood alcohol concentration of the defendant was very high to 0.187%, and the accident was shocking the police vehicle.

The fact that the defendant has the intention to mislead himself/herself and reflects his/her wrong, and that there are no criminal records other than the above criminal records, and that he/she is deemed to faithfully engage in volunteer service activities shall be considered in light of the circumstances favorable to

In addition, the sentencing factors indicated in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of crimes, circumstances after crimes, etc., shall be determined as ordered.