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(영문) 대전지방법원 2020.03.13 2019고단4939
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 May 30, 2017, the Defendant received a summary order of KRW 1,50,000 from Daejeon District Court as a crime of violation of the Road Traffic Act.

On October 23, 2019, at around 23:23:10% of alcohol concentration, the Defendant driven a D car at approximately approximately 50 meters from the front side of the Daejeon Pungdong to the front day of the Cmatet in B, while under the influence of alcohol concentration of 0.102% of alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. Criminal land, report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driver, notification of the results of the regulation of drinking driving, and inquiry into the results of the fact;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records, investigation reports, application of summary order 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Suspension of execution under Article 62 (1) of the Criminal Act (In light of the danger and seriousness of harmful effects of sound driving, degree of blood alcohol concentration at the time, etc., the liability for the crime was unfashed, the mistake was unfashed, the accident did not occur, the distance of operation was short, and circumstances favorable to the accused, such as circumstances in which no previous conviction was committed, except for the previous conviction in the judgment, etc.);

1. Article 62-2 of the Criminal Act on orders to provide community service and attend lectures to observe the law, as the possibility of recidivism exists in light of the criminal records and the degree of blood alcohol concentration, etc.;

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