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(영문) 대전지방법원 2021.03.18 2020고단5533

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2018, the defendant was sentenced to a fine of three million won for a violation of road traffic law at the Daejeon District Court on April 12, 2018, and the same criminal records are more than once.

On December 9, 2020, the Defendant driven a rocketing car at approximately 200 meters in front of the roads near Daejeon Seo-gu, Daejeon, while under the influence of alcohol content of 0.105% among the blood transfusion around 02:20 on December 9, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Previous convictions: The application of a reply to inquiry, such as criminal history, each disposition, previous convictions and results confirmations, to reported statutes;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the instant crime: (a) the Defendant’s blood alcohol concentration at the time of the instant crime was relatively higher than 0.105%; (b) the Defendant was not clear at the time of enforcement, and the Defendant’s walk was a significant level of driving, such as the distance between the two.

Nevertheless, the defendant increased the risk of traffic accident by driving a motor vehicle, and the occurrence of a traffic accident that causes three previous vehicles to be shocked by shocking the rear part of the actually parked motor vehicle, and the damage of the motor vehicle is limited to the extent of damage. Therefore, the illegality of the crime is serious.

In addition, the defendant committed the crime of this case again even though he committed the crime of this case, including the past criminal records, which had been punished for drinking driving like the previous criminal records, even though he committed the crime of this case.

However, the defendant recognizes the crime of this case and reflects it, and the defendant is punished as a drinking driving crime.