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(영문) 대전지방법원 천안지원 2020.04.27 2019고단3261

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal power] On March 19, 2010, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daejeon District Court’s support on March 14, 2015; on October 14, 2015, the Defendant was sentenced to a summary order of KRW 4 million for the same crime; and on August 12, 2016, the Defendant was sentenced to a suspended sentence of one-year imprisonment with labor for the same crime, etc.

【Criminal Facts】

Although the Defendant had the power to drive a motor vehicle while under the influence of alcohol as above, the Defendant driven a motor vehicle under the influence of alcohol at approximately 0.158% of alcohol level from the 2km section of approximately 2km from the roads in Western-gu, Seoan-gu, Seocheon-si, Seoan-gu, Seocheon-si, Seocheon-si, to the roads in front of Seoan-gu, Seoan-gu, Seocheon-si.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A copy of the usage register of drunks;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), copies of judgments, and application of Acts and subordinate statutes to the agreement assistance to cases;

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;

2. Article 62 (1) of the Criminal Act;

3. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The decision-making driving of the sentence is not only abrupt of itself, but also a crime that can bring the life of an unspecified person, and is highly dangerous.

Although the Defendant was punished as drinking driving on a multiple occasions as stated in the record of the crime, he again commits the crime of this case, and the responsibility of the crime is heavy, and the possibility of social criticism is high.

The blood alcohol concentration is very high.

However, the defendant seems to have led to confession and reflect on the crime of this case.

(b) other.