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(영문) 대전지방법원 논산지원 2020.02.18 2019고단522

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

【Criminal Power】 On July 26, 201, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Gyeyang-gu District Court of Suwon on July 26, 201.

【Criminal Facts】 From September 23, 2019 to September 23, 2019, the Defendant driven a E Y-type car with approximately 100 meters alcohol content 0.148% under the influence of alcohol from the section of about 100 meters from the toilet of the C Parking Lot in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the D’s front road.

Accordingly, the defendant was driven under the influence of alcohol not less than twice.

At around 02:02 on November 5, 2019, the Defendant driven an Etiball vehicle with a blood alcohol content of about 0.08% from the section of about 4 km from around the “G” parking lot located in the F of Chungcheongnam-gun, Chungcheongnam-si, Chungcheongnam-si, Ha, to the first road located in H.

Accordingly, the defendant was driven under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Response to the request for appraisal;

1. The actual condition survey report and photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are the previous divisions stated in the judgment, the fact that the nature of the crime is extremely poor due to drinking driving again even though criminal procedures are in progress due to drinking driving, the circumstance that the blood alcohol concentration is very favorable: The fact that the blood alcohol concentration appears to be against his/her mistake, the fact that the vehicle would not be scrapped and re-afusing the vehicle, the defendant is hospitalized in the hospital specializing in alcohol addiction treatment from December 2, 2019, and is receiving medical treatment for proof of alcohol existence.