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(영문) 대전지방법원 공주지원 2020.06.05 2020고단177

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On October 22, 2009, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving) in the official branch of the Daejeon District Court. On May 27, 2010, the same court was sentenced to a summary order of KRW 4 million for the same crime. On June 13, 2012, the same court was sentenced to a suspended sentence of KRW 2 years for the six-month period; on October 29, 2015, for the same crime in the Daejeon District Court. On January 12, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime. On July 12, 2018, the execution of the said sentence was terminated.

【Criminal Facts】

On March 14, 2020, at around 22:37, the Defendant driven a Category C car under the influence of alcohol concentration of approximately 0.258% from the section of about 2 km from the front of the public loan in the public loan in front of the public loan in the new one bus stop to the front of the bus stop in the public loan in the new one.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, report on the state of driver's standing and statement, and notification of the results of the drinking control;

1. Investigation report (Report on the status of an employee);

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports (the confirmation of crimes, records of the same kind of punishment, etc. during the period of repeated crimes);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. A repeated crime of Article 35 of the Criminal Act was committed for the same kind on five occasions with the reason of sentencing, and among them, even though the sentence of imprisonment was imposed, the offender repeatedly committed the crime of drinking alcohol, the blood alcohol concentration is extremely high, the period of repeated crime is serving as a secondary crime, and the vehicle was disposed after committing the crime of drinking alcohol before committing the crime of drinking alcohol.

Although it seems that he/she was sentenced to imprisonment on the ground that he/she would be subject to alcohol addiction treatment in the future, he/she was not well known, and was amended on December 24, 2018 and enforced June 25, 2019.