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(영문) 대전지방법원 천안지원 2021.02.08 2020고단3275

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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

[criminal history] On December 1, 2006, the Defendant was sentenced to a fine of one million won as a crime of violating road traffic law (drinking driving), a fine of 1.5 million won as a crime of violating road traffic law at the Gwangju District Court on June 9, 2014, and a fine of 1.5 million won as a crime of violating road traffic law (drinking driving) at the Daejeon District Court on April 21, 2017, to a suspended sentence of 6 months for a crime of violating road traffic law (drinking driving) in the support of the Daejeon District Court on Incheon District on April 21, 201.

[Criminal facts] On October 24, 2020, the Defendant driven a coo vehicle in C while under the influence of alcohol content of about 2 km from the 2km section to the front road of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. On-site photographs;

1. Previous convictions: Application of Acts and subordinate statutes, such as a written inquiry about criminal history, drinking judgment, etc.;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;

2. Non-application of the sentencing criteria: The sentencing criteria are not prepared for offenses of violation of traffic laws on roads as stated in the judgment.

3. The driving of a sentence under the influence of alcohol is a crime in which not only the person himself but also another person's life can be taken, and is highly dangerous.

The defendant, like the records in the ruling, is punished for driving under drinking more than one time, and is not subject to the punishment of the crime.

However, the defendant seems to have led to confession and reflect on the crime of this case.

The alcohol concentration in blood is not so high.

In addition, the defendant's age, sex, environment, and crime.