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(영문) 대전지방법원 2021.01.29 2020고단4308

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 24, 2020, the Defendant received a summary order of KRW 40 million as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court.

The defendant from March 31, 2020 to the same year.

7. 8. While the driver’s license of a motor vehicle was suspended until June 29, 2020, the motor vehicle was driven in the section of approximately 1.5 km from the Daejeon Jung-gu Irregular Parking Lot to the second line in front of the C church located in the same Gu and under the influence of alcohol content of 0.168% among the blood transfusion around 07:30 on June 29, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation reports, arrest reports on the occurrence of the case, notification of the results of crackdown on drinking driving, inquiry into the results thereof, the statement of the circumstances of the driver in charge and the report on the situation of the driver in charge;

1. Details of the disposition of driver's license suspension, the ledger of driver's licenses, and the vehicle register;

1. Photographs of the suspect's vehicle at the time of drinking, photographs at the time of drinking measurement, and photographs as a result of drinking measurement;

1. Previous convictions: Inquiry into criminal history, report of investigation (Attachment of the same criminal record and attachment of the judgment), application of the statutes of the judgment;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the accused) of the mitigated amount;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the same Act (Article 62(1) of the same Act provides that the Defendant shall not drive a vehicle absolutely to the extent of locking, taking the vehicle bark on the road, while taking the vehicle bark at the time. In light of driving distance, the criminal liability is heavy, and the interval between the previous criminal records is very short and thus is highly likely to