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(영문) 대전지방법원홍성지원 2020.10.06 2020고단648

도로교통법위반(음주운전)등

Text

The imprisonment with prison labor for the accused shall be determined by one year and two months.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 7, 2013, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

1. Around 12:32 on June 20, 2020, the Defendant violated the Road Traffic Act (driving a sound driving) driven a DNA-type car at approximately 3km from the Do in front before the Y-si to the front of C at the same time under the influence of alcohol level of 0.196%.

2. At around 13:20 on June 20, 2020, the Defendant damaged documents for public use, on the ground that the police officers dispatched to the site did not change the distance of drunk driving as stated in the report on the circumstances of the driver’s oral statement, and caused damage to the documents used by public offices by tearing two of the above documents, on the ground that the police officers dispatched to the site did not change the distance of drunk driving as stated in the report on the circumstances of the driver’s oral statement.

Summary of Evidence

1. For a criminal record as stated in the defendant's statutory statement, statement, circumstantial statement, investigation report, and criminal record: The application of statutes of one copy of the summary order to the criminal record, etc.;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, and Article 141 (1) of the Criminal Act concerning facts constituting a crime (a point of damaging public documents);

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

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

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

1. The fact that taking lectures and the necessity of eradicating the proper drinking driving of the reasons for sentencing under Article 62-2 of the Criminal Act is high, that the blood alcohol concentration is very high, the degree and circumstance of damaging documents, the circumstances after committing the crime, the defendant's attitude against the crime, and the defendant's drinking driving twice.