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(영문) 대전지방법원 2021.03.31 2020고단5233

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

Reasons

Punishment of the crime

On March 31, 2009, the Defendant received a summary order of KRW 1,30,000,000 from the common military court of the 30th common military court of the Army on March 31, 2009 due to a crime of violating road traffic laws (drinking), and a crime of violating road traffic laws (drinking) at the Daejeon District Court on August 13, 2009, respectively.

On September 21, 2020, the Defendant driven an E-wheeled vehicle while under influence of about 0.103% alcohol level in the direction of the D convenience store located in Daejeon Jung-gu, Daejeon-gu, through the vicinity of the Changdong-dong, Daejeon-gu, and the Changdong-dong located in Daejeon-gu, Daejeon-gu, through the Do in front of the Defendant’s house located in Daejeon-gu, Daejeon-gu, Daejeon-gu, and through the vicinity of the Changdong-dong, Daejeon-gu, Daejeon-gu.

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

Summary of Evidence

1. The defendant's legal notice of the result of regulating the driving of alcohol under the influence of alcohol, a statement of the situation of the driver at home, a report on internal investigation report (in cases of receipt and attachment of photographs), a criminal investigation report (related to the measurement of the suspect's body weight) and a criminal investigation report (related to the alcohol concentration in blood after the application of the aforementioned drone formula)

1. Before judgment: Application of a written reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction before and after the disposition, and application of a summary order of approximately 13054 of Daejeon District Act;

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. 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. Taking into account all the circumstances, such as the frequency of punishment for previous drinking driving for sentencing under Article 62-2 of the Criminal Act, timing and sentence (a fine of 1.3 million won due to driving under drinking on March 31, 2009, a fine of 3 million won due to driving under drinking on August 13, 2009), and the degree of alcohol concentration during the blood of this case