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(영문) 대전지방법원천안지원 2020.11.20 2020고단2139

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

On July 21, 2014, the Defendant was issued a summary order of KRW 7 million due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act.

On July 16, 2020, the Defendant, as stated in criminal records, violated the prohibition clause of drunk driving once or more, driving ESM5 cars from the 3km section from the roads front of the Cju point in Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu to the roads front of the D apartment at 0.203% under the influence of alcohol level around 08:38 on July 16, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to report criminal records, etc. and investigation reports (report on the confirmation of criminal records of the same kind);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading to the drunk driving, the driving distance, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;