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(영문) 대전지방법원 2020.12.11 2020고단4129

도로교통법위반(음주운전)

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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2019, the Defendant was issued a summary order of a fine of KRW 3 million by the Daejeon District Court for a violation of the Road Traffic Act.

On August 14, 2020, at around 02:47, the Defendant driven a D-Wed-Wed-C-Wed-Wed-Wed-C-Wed-Wed-Wed-C-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

Accordingly, the defendant violated the Road Traffic Act prohibiting driving of a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Criminal records, etc. inquiry reports, pre-dispositions, confirmation reports, and application of Acts and subordinate statutes to criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 of the order to attend a lecture again leads to driving under the influence of alcohol, even though the defendant had a previous conviction on the ground of sentencing. However, considering the fact that the defendant recognized the mistake and reflects it, there is no record of other punishment than the above previous conviction, and all the sentencing conditions in the record, such as the defendant's age, character, character and behavior