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(영문) 대전지방법원 2020.06.18 2020고단750

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

Criminal facts

On August 11, 2006, in addition to being notified of a summary order of a fine of one million won by a violation of the Road Traffic Act at the Daejeon District Court on August 11, 2006, the same kind of power is added once.

On February 10, 2020, at around 00:01, the Defendant driven a rocketing car with the alcohol concentration of about 0.087% under the influence of alcohol at the section of about 4km in front of the Seo-gu Daejeon apartment complex, Seo-gu, Daejeon.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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 is a serious crime that causes serious danger and injury to the life, body, property, etc. of an unqualified person, and thus, the accused who committed the crime should be held legally liable for the severe legal liability corresponding to the act. In particular, despite the previous criminal records of the same kind, the accused has committed the crime of this case at the same time despite the previous criminal records of the same kind, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all the circumstances shown in the records and arguments of this case, such as the circumstances after the crime, shall be comprehensively considered.