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(영문) 대전지방법원천안지원 2020.08.26 2020고단1773

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act on September 5, 2008 in the Daejeon District Court’s Incheon Branch Branch of Daejeon District Court on September 5, 2008, and was sentenced to a summary order of 3.5 million won for a crime of violation of the Road Traffic Act (driving on April 19, 2013).

On June 23, 2020, the Defendant driven a DNA-fluoring vehicle at approximately 3km from the roads near the Korea Electric Power Corporation located in Seoan-gu, Seoan-si, Seoan-gu, Seoan-si, in the 77th state of alcohol while under the influence of alcohol of 0.17% of blood alcohol concentration at around 21:38.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previouss before and after judgments: Application of Acts and subordinate statutes, such as each criminal history record, inquiry report, investigation report, judgment, etc.;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture shall be determined as ordered, taking into consideration the following factors: (a) the Defendant was subject to criminal punishment on several occasions, including the suspended sentence of imprisonment due to the violation of the Road Traffic Act; (b) the blood alcohol concentration in the instant case is considerably high; and (c) the Defendant is recognized to commit a crime;