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(영문) 대전지방법원 논산지원 2020.02.18 2020고단4

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 became final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On December 5, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, at the Daejeon District Court on December 26, 2007 at the Daejeon District Court on December 26, 2007, with a fine of KRW 4 million, respectively.

【Criminal Facts” around December 22, 2019, around 09:58, the Defendant driven an E-7 vehicle under the influence of alcohol concentration of approximately 0.068% from a 300-meter section from the Do Police Head Office located in C to the front road of the D Police Station located in C, in the Gyeonggi City.

Accordingly, the defendant was driven under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The conditions for sentencing under Article 62(1) of the Act on the Suspension of Execution are as shown in the judgment: The following conditions are considered in consideration of the Defendant’s age, character and conduct, environment, criminal records, circumstances of criminal records, circumstances after the crime, etc., and all the conditions for sentencing as shown in the arguments of the case, such as the following: The facts that the previous conviction in the judgment was committed by night driving and there was no previous conviction