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(영문) 대전지방법원 2020.10.22 2020고단2016

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

Criminal facts

On March 16, 2010, the defendant was notified of a summary order of one million won as a crime of violation of the Road Traffic Act at the Daejeon District Court on March 16, 201.

On April 14, 2020, at around 00:04, the Defendant driven a “C” restaurant located in Daejeon Seodong-gu B with approximately approximately 60 meters alcohol level 0.102% under the influence of alcohol level from around 00 meters to the same Gu Del parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of a report on the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of criminal records, etc. and other 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is a serious crime that causes serious harm to the life, body, property, etc. of an unqualified person. As such, the defendant who committed the crime of this case should be held legally liable for the severe legal liability corresponding to the act. The defendant's blood alcohol level was high at the time of the crime of this case, and the defendant committed the crime of this case in this case even though he had the record of punishment three times due to drunk driving including the previous record of the judgment, even though he had the record of punishment three times due to drunk driving, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all the circumstances shown in the records and arguments such as the circumstances after the crime of this case shall be comprehensively considered.