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(영문) 대전지방법원 2020.07.22 2020고단1744

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

Punishment of the crime

【Criminal Power】 On March 5, 2013, the Defendant was issued a summary order of KRW 1 million by the Daejeon District Court for a crime of violating the Road Traffic Act.

【Criminal Facts】 On April 7, 2020, the Defendant driven an EMW car in the state of alcohol alcohol concentration of approximately 0.122% from the 170-meter section from the front of Seo-gu, Daejeon to the front of the D body located in Seo-gu, Daejeon to the front of the D body located in Seo-gu, Daejeon.

As a result, although the defendant had a record of punishment for drunk driving, he was driving a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Report: Application of the Acts and subordinate statutes to a report on the results of inquiry, an undisposition, and the results of confirmation;

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the drinking alcohol of this case; (b) the Defendant’s single criminal records; and (c) there are no criminal records other than the above records; and (d) the Defendant’s age, character and conduct, and environment; and (b) the sentencing conditions under Article 51 of the Criminal Act, which are recorded in the records of this case, shall be