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(영문) 대전지방법원 2020.10.30 2020고단2680

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 March 7, 2008, the Defendant received a summary order of KRW 500,000 from Daejeon District Court to a fine for a violation of the Road Traffic Act.

On June 6, 2020, at around 02:50 on June 6, 2020, the Defendant driven C c or car under the influence of alcohol concentration of about 0.072% in the area of approximately 30 meters in front of Seo-gu Daejeon Special Metropolitan City.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements prepared in D;

1. Report on detection of drinking drivers, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (per-time confirmation of the records of sound driving);

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 reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture again leads to driving under the influence of alcohol in this case, even though the defendant had been prior to the judgment, the defendant's mistake was recognized, the blood alcohol concentration of the defendant was 0.072% at the time of the instant case, the defendant's economic situation, and all other sentencing conditions indicated in the records, such as the defendant's age, character and conduct, etc., shall be determined