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(영문) 대전지방법원 2020.01.31 2019고단4600

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

Punishment of the crime

On November 17, 2019, the Defendant was sentenced to a fine of 1.5 million won by the Daejeon District Court for a violation of the Road Traffic Act.

The facts constituting the crime of the above summary order are as follows: “The Defendant driven an IW car from around 200 meters away from the cafeteria in front of the restaurant located in the Daejeon Neong-gu F to the front of the H, while under the influence of alcohol of 0.085% of blood alcohol level on June 21, 2019.”

On October 27, 2019, at around 23:20, the Defendant driven an IBW car in the state of alcohol of approximately 1.7 km from the front of the “C” restaurant in Seo-gu, Seoul, to the front of the “E” restaurant in Seo-gu, Seo-gu, Seoul, to the front of the “E” restaurant in the same city.

Accordingly, the Defendant violated the prohibition of driving motor vehicles, etc. under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Arrest report of the occurrence of the case, notification of the results of the crackdown on drinking driving, inquiry into the facts, report on the circumstantial statements of the drinking driver and report on the circumstances of the drinking driver;

1. The register of driver's licenses for tea and cars;

1. Photographs of the case site, the measurement of drinking, etc.;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (not before disposition and confirmation reports, and attachment of criminal records), and application of summary order-related Acts and subordinate statutes;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Procedure (Article 62 (1) of the Act on the Punishment, etc. of Crimes in view of the danger and seriousness of negative driving, the seriousness of the harm caused by the defendant's driving, and the circumstances of the driving of a motor vehicle at once four months after the defendant's control, the punishment for the crime is unffortued, the mistake

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;