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(영문) 대전지방법원 2019.10.25 2019고단3263

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 October 28, 2014, the Defendant received a summary order of KRW 1.5 million from the Daejeon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On February 6, 2017, the Defendant received a summary order of KRW 1.5 million for the same crime from the Daejeon District Court Seosan Branch.

Nevertheless, on August 2, 2019, at around 22:15, the Defendant driven a 300-meter-learning car before a restaurant where the trade name in Seo-gu Daejeon is unknown while under the influence of alcohol 0.158% of blood alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. To apply criminal records, inquiry reports, and each summary order statutes;

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 fact that the record of punishment for driving with the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a class has been several times, and again, the driving of the case was made again, and that the blood alcohol level of 0.158% was 0.158% at the time of the discovery of the case: Provided, That the defendant's mistake is recognized and reflected, the driving distance is short, and all other sentencing conditions recorded in the records, such as the defendant's age, character and behavior, shall be determined as ordered.