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(영문) 대전지방법원 천안지원 2021.02.08 2020고단3048

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

[Power of crime] On August 5, 2020, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic law in the Daejeon District Court's Support on the Incheon District Court's Incheon District Court.

[2] On July 3, 2020, the Defendant driven a D motor vehicle under the influence of alcohol with approximately 0.117% alcohol concentration from the 3km section of around 01:09 to the front road located in the same Gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu. to the front road located in the same Gu B.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Consent to and confirmation of the statement on the circumstances of the driver's license in charge;

1. On-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the result of investigation, and applying Acts and subordinate statutes to investigation status (verification of the same type of force);

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.

As stated in the ruling, the Defendant was punished for driving under drinking, but he again driven under drinking for a period of one month and more.

The alcohol concentration in blood is not relatively low.

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

There is only one punishment history for a fine.

In addition, the distance of drinking, the age, sex, environment, and crime of the defendant.