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(영문) 대전지방법원 2020.04.22 2019고단4273

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2010, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine for a violation of the Road Traffic Act, in the same court on January 28, 2011, at the Changwon District Court's Jinju branch on November 3, 201.

On October 27, 2019, the Defendant driven a Fi 30 vehicle from the front side of the "C" road located in Daejeon Jung-gu, Daejeon to the front side of the "E" located in D, while under the influence of alcohol of 0.162% of blood alcohol level around 03:17, the Defendant driven a vehicle of approximately 10 meters from the ten-meter section to the road of the "E" located in D.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (Selection of Imprisonment or imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

A. Unfavorable conditions: The Defendant again committed the instant crime even though he was punished twice due to drunk driving, and the blood alcohol concentration was high, and the Defendant eventually caused a traffic accident while drunk driving.

(b) favorable conditions: The fact that the defendant recognizes the crime of this case and reflects his mistake, and that there is no penalty power exceeding the fine due to drinking driving, etc.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act.