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(영문) 대전지방법원 2020.05.21 2020고단846

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 30, 2007, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Daejeon District Court on May 30, 200, and on June 20, 2007, the above summary order became final and conclusive.

Nevertheless, at around 03:50 on January 18, 2020, the Defendant driven a F bargaining car under the influence of alcohol with approximately 500 meters alcohol concentration 0.054% from the front of the cafeteria in Seo-gu, Daejeon to the E neighboring road located in Seo-gu, Daejeon at around 03:55 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, reply reports, Daejeon District Court Decision 2007 High Court Decision 8152 Applicable to summary order Acts and subordinate statutes;

1. Article 148-2 (1) and Article 44 (1) of the Criminal Act and the choice of punishment for the crime, 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 reasons for sentencing in Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Act on community service and lecture attendance order were as stated in the judgment of the defendant, driving under the influence of alcohol, stopping a vehicle on the two-lanes of five-lane roads, and driving under the control of drinking driving by a police officer after receiving a report. The risk of traffic accidents has increased for other vehicles driving on the above road, and the illegality of the crime is not easy because it interferes with the normal communication of vehicles.

However, considering favorable circumstances, such as the fact that the defendant acknowledges and reflects all of the crimes in this case, and that there is no record of punishment exceeding the fine for the same kind of crime, the defendant’s age, character and conduct, family relation, motive, means and consequence of the crime, and the circumstances before and after the crime, all of the sentencing factors such as the defendant’s age, character, family relation