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(영문) 대전지방법원 2020.04.24 2020고단593

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 26, 2016, the Defendant was notified of a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act by the Daejeon District Court.

On October 8, 2019, at around 07:50, the Defendant driven a DM 3 car while under the influence of alcohol content of about 0.137% from the parking lot in Seo-gu, Daejeon to the alley-dong distance in the same Gu from the parking lot in the Seo-gu, Seo-gu, Daejeon to approximately 2km.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, field photographs of traffic accidents, notification of results of the regulation of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, dispositions not presented, and confirmation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished by a fine of three million won due to drunk driving in 2016, and again, the drinking driving of this case again leads to the defendant at the time of the detection of the instant case. At the time of the detection of the instant case, the defendant was faced with the motor vehicle driving by driving the motor vehicle on one side of the road, and the latter driver was faced with the motor vehicle traveling ahead of it to the extent that the latter driver would have the motor vehicle traveling ahead of it. However, the fact that the defendant recognized the mistake and reflects it, and other factors such as the defendant's age, character and behavior, criminal record, family relation, motive, means and consequence of the crime, etc., and the conditions of various sentencing specified in the arguments and records