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(영문) 대전지방법원 천안지원 2021.01.08 2020고단2412

도로교통법위반(음주운전)

Text

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 January 26, 2011, the Defendant was issued a summary order of KRW 1.5 million from the Daejeon District Court's Branch of the Daejeon District Court to a fine of KRW 1.5 million due to a violation of road traffic laws (drinking), and a fine of KRW 5 million due to a violation of road traffic laws (drinking) from the Suwon District Court on October 21, 2015.

On August 11, 2020, at around 02:30, the Defendant driven a mar-car with 0.057% alcohol concentration in blood at approximately 24km from the 24km section of Seocho-gu Busan Metropolitan City to the adjacent road of the rest area of the public plaza located in Gangseo-gu, Seoul Metropolitan Government.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, an appraisal report, and an investigation report (the results of blood collection appraisal);

1. Application of second-class Acts and subordinate statutes to inquiries, such as criminal history, and output of the summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (a half the amount of reduction);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( comprehensively taking into account the criminal records of the defendant, the numerical value of alcohol during his/her blood, the developments leading up to driving alcohol, driving distance, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;