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(영문) 대전지방법원 논산지원 2020.04.14 2020고단15

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

On February 4, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch, and on December 31, 2014, the same court received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act.

On December 13, 2019, at around 23:15, the Defendant driven a esch-ton car in the state of alcohol alcohol concentration of approximately 0.188% from the 10-meter section of blood alcohol content from the shot-house parking lot in Daejeon Seo-gu B to D in the same Gu C.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Inquiry reports, such as criminal records, and application of court rulings and statutes;

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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following circumstances and the defendant's age, character and conduct, environment, and circumstances after crimes, etc., and the sentencing factors indicated in the arguments of this case shall be determined as ordered.

The fact that a favorable normal defendant led to a crime and reflects on his blood alcohol level was 0.188% at the time of normal drunk driving disadvantageously unfavorable to him, and the fact that he re-drivings a motor vehicle with three times the records of having received a summary order due to a drunk driving.