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(영문) 대전지방법원 2020.08.21 2020고단1535

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 12, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act by the Daejeon District Court.

On March 25, 2020, at around 08:00, the Defendant driven a D-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Defendant's legal statement;

1. Control note, report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driver, notification of the results of the drinking driving control, inquiry into the results thereof, and investigation report (the telephone investigation and confirmation of the information of prisoners);

1. The register of driver's licenses, and making inquiries into the car register;

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and application of statutes governing the judgment;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment for one to two years;

2. Determination of sentence: The circumstances favorable to the defendant, such as that one year of imprisonment with prison labor was pened in depth, that the defendant was not involved in any accident, and that the social relationship is clear, such as supporting the mother, etc.;

However, even though the defendant was punished for the violation of the Road Traffic Act (Refusal of Drinking Measures), it is necessary to punish the crime of this case in light of the circumstances where the risk of drinking driving and social harm is very serious, and the statutory punishment for the crime of drinking alcohol has been continuously aggravated due to changes in the legal sentiment of the general public, etc., the blood alcohol concentration level at the time is very high, the driving distance is long, and the defendant stops despite the vehicle driving signals under the influence of alcohol on the two-lanes of the road where the traffic volume is high at the time of his attendance.