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(영문) 대전지방법원 2020.09.11 2020고단2249

도로교통법위반(음주운전)

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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 July 8, 2016, the Defendant was sentenced to a fine of one million won by the Daejeon District Court as a crime of violation of the Road Traffic Act.

Around 02:40 on February 2, 2020, the Defendant driven a D-W automobile owned by the Defendant, while under the influence of alcohol leveling about about 5 km to the same east Ambassador located in the same city at the funeral hall of the Hospital B located in Bocheon-si, the Defendant driven a D-Wing car with approximately 0.130% alcohol leveling.

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

Defendant

In addition, since the defense counsel acknowledged the facts charged of this case and there is no concern about infringement of the right of defense, the facts charged are corrected in order to clarify the purpose of prosecution in accordance with the law.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, report on the circumstances of a driving driver, investigation report, report on the driver’s license notified as a result of the control of drinking driving, the register of driver’s license notified as a result of the control of drinking driving, the making of car

1. Previous convictions in judgment: Application of the defendant's legal statement, criminal records, and statutes governing the place of criminal;

1. Relevant Articles 148-2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. A suspended sentence of Article 62(1) of the Criminal Act recognizes unfavorable circumstances, such as the danger and seriousness of harmful effects of drunk driving, the degree of blood alcohol level at the time, actual occurrence of an accident, and the interval between the previous criminal records and the previous criminal records in the instant crime, such as circumstances where the responsibility for the crime was extremely heavy, but the criminal records were divided in depth, and the minor physical accident was committed. Except for the previous criminal records, there are no particular criminal records except for the minor double-class fine, and there is a health situation because he suffers from urology in the previous state of receiving the climatic surgery, the extension of food, and the climatic climatic surgery.