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(영문) 대전지방법원 2020.07.24 2020고단2416

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

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 May 15, 2020, the Defendant received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act.

The defendant is in the state of suspending the validity of the driver's license from February 24, 2020 to June 2, 2020.

At around 21:30 on May 5, 2020, the Defendant driven a d bargaining car under the influence of alcohol concentration of about 0.192% from the 7km section from the Sejong Underground Parking Lot to the same C apartment underground parking lot.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol while suspending the effect of driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, statement of blood alcohol alcohol, inquiry into the administrative disposition of the National Police Agency, the register of driver's licenses for automobiles, and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes, such as a report on the result of the disposal and confirmation, and criminal records, etc.;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 the school was found to have been driven under the influence of 0.062% of blood alcohol level as of December 31, 2019 as of the previous conviction in the judgment of the defendant, and the summary order was issued on March 23, 2020 and on May 15, 2020, a fine of KRW 5 million was requested and the summary order was issued on May 15, 2020. The driving of the instant case was again driven and driven without a license by the defendant before the issuance of the above summary order. The blood alcohol level of the defendant at the time of the instant case was 0.192% high, and the blood alcohol level of the defendant at the time of the instant order was 0.192% high. However, the defendant recognized the error and there was no record of driving outside the previous offense, and there was no record of driving the Defendant's age